Let’s Settle This: The Benefits Of Online Mediation For Personal Injury Disputes (CLM Magazine)

Let’s Settle This: The Benefits Of Online Mediation For Personal Injury Disputes

  Wednesday, November 4th, 2020 Source: CLM Magazine

Much attention has been given to online mediation, in addition to other types of online dispute resolution (ODR), as it has seen widespread acceptance as of late due to restrictions on in-person gatherings.

Is that acceptance forced in light of the need to keep claims moving forward with no viable alternative, or are parties finding that online mediation may, in fact, be preferable to face-to-face in some cases?

It is widely known by claims professionals and legal practitioners that most lawsuits resolve before trial, and that mediation is an effective tool for settling claims.

Nevertheless, until recently, online mediation has largely been eschewed by counsel. (Ironically, insurance company and TPA representatives for several years have been asking whether they could attend mediations via Skype or other remote options. Perhaps they were ahead of the curve)

The general rationale seemed to be that interacting by electronic means is simply not as effective as face-to-face discussions. While that may be true in some respects, the current environment has proven that, for many cases, online mediation can be as effective as face-to-face mediation. In fact, it may be preferable.

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