1. One screen per person: Ideally, each mediation participant appears on their own screen, even when physically located in the same office as counsel or colleagues. When one camera is used for multiple participants, it is difficult for the mediator to perceive reactions and interpersonal dynamics, and to connect and build trust with parties — all of which can have important impacts on the mediation. Similarly, for participants located far from the screen, the mediator and process can feel less present and important, making it easier to disengage.

2. Location: If your client is not at your office, ensure their location is quiet, confidential and has good internet connectivity.

3. Focus: One risk of virtual mediation is that participants may unconsciously treat it as less significant than an in-person process. Lawyers should prepare clients for the fact that mediation still requires sustained attention and engagement. It is generally not the time to walk the dog, run errands, attend other meetings or perform substantial unrelated work.

4. Keep cameras on: Cameras for all participants should remain on for working portions of the mediation to improve communication and understanding.

5. Encourage meaningful client participation: Parties should be prepared and allowed to participate in the mediation discussions. In my experience, this does not happen as naturally in virtual mediations as it does in person. Lawyers and mediators may need to be more intentional in inviting party reactions and perspectives. Party participation matters because settlement decisions are often influenced not only by an analysis of legal risk, but also the degree to which parties feel understood, respected and involved in the process.

6. Use documents strategically: One major advantage of virtual mediations is the ability to share visual information — documents, calculations, timelines, photographs or draft settlement language on screen. Counsel should have relevant documents organized and readily accessible for efficient screen-sharing when relevant. At the same time, overwhelming and excessive document review should be avoided.

7. Mediator participation until the end: To help ensure things don’t go off the rails during the final negotiations over settlement documents, mediators should remain engaged or available until settlement documents are signed.

8. Hybrid considerations: Hybrid mediations, where some parties/lawyers are in person and others are participating virtually, can create participation imbalances impacting outcomes. Virtual participants may feel less able to perceive dynamics, less influential and less able to contribute naturally to the discussion than those in person. Where hybrid participation is necessary, consider ways to amplify the presence of remote participants, who would ideally each appear on their own screen with clear audio and camera quality. Large, prominently positioned screens ensure the remote participants are visually present and not easily forgotten. In-person attendees should avoid side conversations inaudible to virtual participants.