Dispute Resolution Center Harris County, Texas

Mediation Matters September 2021

Is virtual mediation the new “normal” for most civil matters? Increasingly it is. Many mediators and participants believe that the logistical and current health and safety benefits associated with virtual mediation far outweigh the benefits of meeting in-person.

Logistical Benefits The logistical challenges and costs associated with having people

come from a variety of locations to appear at the same place at the same time are considerable. Parties coming from out of town or state incur expenses that may include a flight, a rental car, a night or two at a hotel, and a few days away from home or out of the office. Even for parties in the same city, attendance may involve contending with traffic, parking, and other logistical challenges.

Authority to Settle Benefit An issue that has frustrated many mediators is not having a party with settlement authority at the mediation. For corporations, insurance companies, and businesses, physical presence at a mediation is not always possible. Many times a phone call has to be placed during mediation to get final settlement authority. Late in the day calls to a person not engaged in the process can greatly reduce settlement opportunities. This issue is significantly reduced using virtual mediation since decision-makers do not have to travel or be away from their office and may be more willing to participate in the entire mediation.

Party Engagement Benefit This benefit is harder to quantify, since building rapport and trust with the participants is considered a cornerstone of mediation, and something some mediators feel requires in-person communication. Most mediators, however, have developed conventions to establish the same level of rapport and trust virtually. Mediators observe that participants and counsel seem noticeably calmer and that lawyers appear less like they are attending a trial or disposition and are generally more civil and open to creative options. Parties also appear more relaxed and less stressed. Most parties participate from either their home or office, an environment in which they feel safe and comfortable. Parties in virtual mediations also tend to feel safer because of the space and distance and may be better able to express their concerns and emotions.

While much of the evidence regarding the effectiveness of virtual mediation is currently anecdotal, it has

become evident that settlement rates appear to be similar, if not slightly higher, than in-person mediations.

As mediators grow more proficient and versatile at virtual mediation, their effectiveness is likely to

continue to increase and virtual mediation will remain a mainstay well into the future.

Virtual Mediation: The New “Normal?”

Continued on next page...

Mediator Tip

Mediator Tip Continued

Thomas C. Newhouse, of Bellaire, Texas, passed away August 29, 2021. Tom was born in Cincinnati, Ohio to Robert Stewart Newhouse and Myra Conry Newhouse.

In his 40+ years at UH Law Center, Tom specialized in Labor Law, Family Law, Alternative Dispute Resolution, and directing the student-run Legal Aid Clinic. In 1987, Tom was ordained as a Deacon with the Diocese of Galveston-Houston and served as a deacon at St. Thomas More and St. Michael the Archangel parishes in Houston, and St. Stephen in Pont Blank, Texas.

Many Houston area mediators encountered Tom during their basic and

advanced mediation training either through the DRC or UH. The DRC will

miss Tom’s wit, warmth, and grace. He was a foundation of so many of

our programs and trainings and always eager to help those in need. Our

thoughts and prayers are with his family and friends.

Mastering Mediation

50 Essential Tools for the Advanced Practitioner

by Lynn Duryee and Matt White

What can a mediator do when negotiations stall? How can a mediator help participants reach the finish line? How should a mediator best respond when the parties confess that they are too far apart to settle? Is there anything a mediator can do to help the high-conflict litigant achieve resolution of his emotional case?

Mastering Mediation answers these and other pertinent questions. It delivers 50 practical, advanced tools you can use today to improve your mediation

skills and to obtain more satisfying results for the participants. Within these pages you will learn innovative ways to guide negotiations, move through impasse, and stay optimistic in the midst of chaos and crisis; in short, how to become a more effective mediator or settlement conference judge. Even the most experienced mediators or judges will learn to question old assumptions, improve shop-worn techniques, and try cutting-edge approaches.

Written by a Superior Court judge and a private mediator, Mastering Mediation offers tried-and-true, practical advice for use in the real world. These techniques were gained from the authors' actual experiences and observations from conducting thousands of settlement conferences and mediations. Mastering Mediation will benefit anyone who conducts settlement negotiations in court, in private mediation, in the workplace, or any other venue where conflict exists.

About the Reviewer: Amazon book club

About the Authors: Judge Lynn Duryee has specialized in settling thorny legal disputes throughout her career, first as a trial court judge for 21 years, and now at JAMS as a full-time Neutral. She is known for her practical, personal, and get-it-done approach to settlement. Her deep experience in the law as well as her dedication to resolving disputes make her an excellent choice as a neutral.

Over a 40-year career in law, Matt White has earned his reputation as an experienced and

talented trial lawyer and mediator. In addition to his primary practice in personal injury cases,

Matt also has extensive experience in a wider variety of civil litigation matters, including

business disputes and employment law.

Book Review

Mediation Funnies

Features of Active Listening

Active listening involves more than just hearing someone speak. When you practice active listening, you are fully concentrating on what is being said. You listen with all of your senses and give your full attention to the person speaking. Some features of active listening:

Neutral and nonjudgmental

Patient (periods of silence are not "filled")

Verbal and nonverbal feedback to show signs of listening (e.g. eye contact, leaning in, mirroring)

Asking questions

Reflecting back what is said

Asking for clarification

Summarizing

“Empathy is the key to negotiating and resolving conflict.”

― Arthur P. Ciaramicoli

Thank you to all our volunteers who took time to mediate with us in July and August!

Armstrong, Paul

Arntz, Jill

Bailey, Wayne

Bartholet, Dominique

Bellinger, Jack

Blakes, Lasaundra Nicole

Blanco, Ileana

Bushman, Patricia

Canada, Meredith

Casavant, Geoff

Chan, David

Chaney, Tanya

Coleman, LeRoy

Davis, Heather

DeSilva, Angela

DeSoto, David

Disch, Annette

Donovan, John

Ellis, Michaela

Flores, Lucia

Gammell, Bradley

Gordon, Amanda

Greenig, Celeste

Griffin, Robert

Guerrero, Deanna

Guobadia, Jessica

Hoss, Felicia Harris

Howard, Steven

Hutchinson, Vernique

Imobioh, Omon

Kirby, Dan

Knight, Joe

Kreider, Stephen

Linden, Joanne

Magdaleno, Anthony

Mann, June

Marsh, Rebecca

Martin, Ernest

McCarthy, Sean

McCoy, Michael

McFarlane, Heather

McGruder, Patricia

Melcher, John

Michel, Tina

Millenson, Barry

Mims, Brian

Moran, Leigh Ann

O'Neill, Alice

Page, Brenda

Parsley, Katherine

Phillips, Keith

Rendon, Josefina

Revere, Elizabeth

Rokes, Susan

Ross, Carman

Russell, Roberta

Shaw, Amanda

Smith, Cheryl

Smith, Deidra

Smith, Naomi

Stevens, Rhea

Taylor, Mwokozi

Thompson, Darcy

Tice, Marc

Wagner, Frederick

Wells, Judy

Womac, Terry

Zamanian, Ali

Zimmerman, Alvin L.

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