When the UK first went into lockdown in March 2020, family mediation services faced a stark ‘adapt or die’ choice.  A personal service that appeared to rely upon face-to-face round table interaction suddenly felt very difficult to continue.  Our original mediation model was based on meetings being held in person, using paper flip charts that could be draped on the walls, and all from a suite of rooms at our spacious offices.  It worked for us and more importantly it worked for our clients and there was not any obvious demand to consider changes.

The pandemic and subsequent lockdowns of course changed that and made adaptations to the norm of our mediation service a necessity.  Contrary to what we initially feared, moving mediation online was a smooth transition. 

Our aim was to run an online mediation service that could offer as smooth a service as it did prior to Covid-19.  We tried to think of everything to accommodate the transition to family mediation online.  This included reviewing (and spending hours practising) the various video platforms available on the market; modifying our existing mediation documents/information to take into account remote working; reconsidering our safeguarding/screening policy and setting up an e-signature service to accommodate the signing of the Agreement to Mediate and other documents.  We then had to consider how we might respond to all of the issues that might crop up for clients, ranging from technical difficulties to more practical arrangements such as having no option but for the children being in the house whilst the mediation is taking place.

What has surprised us the most is the approach taken by participants.  You may expect some resistance or unwillingness to work in this way.  There hasn’t been.  That suggests to me that the clients are perhaps more comfortable with this than we mediators were.  It’s not just for the younger clients either.  When I hesitantly approached a more mature client about the possibility of using Zoom she said ‘Don’t worry dear, I’ve watched a video on YouTube and know how to use it.’  Another participant said he was far more comfortable doing this from home than he would have been at our offices.  That home comfort element wasn’t something I had considered before but it makes absolute sense.  

What we have found most helpful is to offer clients a free of charge ‘tech check’ appointment prior to any first joint mediation session.  Usually, this takes place the day before a first joint mediation session and is a chance for all participants to test the technology agreed to be used in the mediation itself.  In my experience, there is usually some issue which we then have the opportunity to resolve so that the participants can begin the actual mediation with the reassurance that their IT works.

We’ve chosen not to be prescriptive in saying that we will offer mediation only by one particular video platform, in case the clients have a personal preference and as mediators, we want them to be as comfortable as possible in the sessions.  We have, however, so far found that most participants want to use Zoom and this lends itself particularly well to mediations as there is the option of meeting/break out rooms and the share screen option means flip charts are now replaced by legible documents that can be immediately provided to participants.  It also has the Zoom chat service which enables all participants to send documents which can be downloaded by the others in the meeting itself.  Some clients prefer larger documents in a paper format still, so we’ve posted them ahead of sessions.  The beauty of a new process is that we bother to ask the clients what works best for them and then provide it, rather than make assumptions.

As many of you will be aware, all of the family solicitors at Prettys are dually qualified as mediators.  It’s a method of dispute resolution that we are all passionate about.  Of the team, I am an accredited mediator and so a particular mediation enthusiast and the thought of pausing the service until we could offer it ‘in person’ again was not an option. 

What I now know, several months on is that what was initially established as a temporary solution is here to stay.  Clients have confirmed that they are not fussed about whether they meet me in the office or online.  Many clients feel more comfortable in the familiar environment of their home and therefore engage better; interruptions by misbehaving children or pets are entertaining rather than irritating, and as a consequence, the mediation process as a whole becomes less stressful and more inclusive.

It turns out that pandemics can have its benefits.

If you like more information please contact our mediation service by emailing Victoria Mayhew (vmayhew@prettys.co.uk; 01473 298 350).

Victoria Mayhew is an accredited mediator and Associate family law solicitor at Prettys and is able to offer fixed fee MIAM appointments.