Mediating via Emails
{3 minutes to read} I understand that there are some mediators in favor of mediation via email. Those that I have encountered are conducting commercial or other multi-party mediations. The positive aspects include:
- easier scheduling;
- parties from other states, or even countries, can participate without travel or time zone constraints;
- parties can take time to draft an appropriate and more reasoned response; and
- parties can easily find information from prior “conversations.”
It’s been my experience in family mediations, though, that mediating via email is problematic.
Of course, I use email for communicating to clients at the same time in terms of scheduling, the initial forms and letters, and sending drafts of agreements. To actually have substantive discussions though, mediation via email has not proven productive.
A lack of nuance and intent.
Partial or non-responses are given.
In an email, it’s easy to respond only to those comments/requests you want to and ignore what you do not want to answer. I have read email chains where the parties seem to be having completely different discussions. An email can begin with a party raising three points but the response only references point 2. The reply then ignores the response to point 2 and brings up point 4, and so on and so on...
The responses are not in real-time.
In the long run, it costs you more in fees.
It takes billable time for your mediator to go through the email chains and try to piece together what, if anything, has been resolved. Invariably, there will be a point that is missed or a response that is not clear when the mediator summarizes the numerous emails. That can then start the whole process over again.
If there are issues that come up in between meetings, I am more in favor of scheduling a phone call. Then, when necessary, I can intervene and be sure that everyone understands one another and the agreements that are being made.
