This article is reprinted with permission of the California Lawyers Association and its journal California Litigation. The author is solely responsible for the contents and opinions in the article.

By necessity, I have started to conduct mediations via videoconference. This was an unanticipated development in my practice. Our local rules in California’s Central District only contemplated that, at the discretion of the mediator, parties residing outside the Central District could have a representative with final settlement authority available by phone during the entire proceeding in lieu of a personal appearance. Evidently, the local rules did not contemplate a pandemic. All of that changed with COVID-19 amid valid concerns about public health and safety.

Also, in the Central District, the largest group of cases that must be mediated are Americans with Disabilities Act cases. The ADA plaintiffs have disabilities affecting access, and a significant number are immunocompromised. Under current conditions, the alternatives are to cancel mediations, continue mediations, conduct mediations by phone, chat, or email, or conduct mediations by videoconference. In many of the ADA cases that must be mediated, a videoconference could be the best alternative in the absence of personal appearances.

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Marc D. Alexander is a mediator and litigator at AlvaradoSmith. He authors the blog California Mediation and Arbitration and co-contributes to the blog California Attorneys Fees. For additional information and questions, please contact Marc D. Alexander at malexander@alvaradosmith.com or at 714.852.6800. 

 

DISCLAIMER: The information contained herein is intended for informational purposes only and should not be construed as professional counsel or legal advice. Seek legal counsel for advice with respect to any legal matter. The information in this document may not reflect the most current developments as the subject matter is extremely fluid and may change daily. The content and interpretation of the issues addressed herein are subject to change.