Daily Archives: July 28, 2020

Since March 2020, COVID-19 has impacted legal practice and society in general. Our legal industry has been forced to seek alternative ways to continue their practice on a virtual and remote format. As a summer student with Bennett Gastle, I have had the opportunity to attend several mediations and proceedings. Due to the present circumstances, these events have been conducted using an online format (e.g. Zoom) instead of in-person. As such, the parties to each case have been able to work remotely from their locations.

I was able to observe a mediation between our firm in Toronto and another firm located in Southwestern Ontario. The case was about a long-term disability claim. In pre-pandemic days, one of the parties would have to travel to the other’s area to engage in the mediation. However, in these challenging times, the mediation was scheduled to take place over Zoom, which was convenient as neither party had to incur travel costs. Furthermore, all parties could remain confident that the mediation would take place on schedule and without delays.

Before the mediation took place, I was asked to turn off both my video and audio functions during the mediation, as any movements or sounds on my end could distract or adversely affect the plaintiff on the other side. This is interesting because it meant that unlike a regular, in-person mediation, the plaintiff would be unable to see me during the mediation.

During this mediation, interruptions occurred between both sides; however, this is most likely due to the difficulty in anticipating when others are about to speak during a virtual discussion. It is normal during online meetings for parties to be less able to pick up on non-verbal or body language cues that may indicate when another party is about to speak.

Our firm had a separate break out room and in this separate forum, our lawyer spoke with the client and debriefed both the client and I on what had occurred during the discussion between her and the lawyer on the other side. Although the mediation did not conclude with a resolution being made between the parties, our lawyer was confident that the case would settle before trial.

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Although COVID-19 has forced changes upon our profession and society in general, this experience has enabled me to realize that legal professionals can successfully work remotely and that legal proceedings can be conducted effectively using an online format. Generally, this can save on costs as there would be no need to rent rooms, no travel expenses and significant savings on travel time. Moreover, the ability to have break-out rooms provided the opportunity for parties to maintain confidentiality and conduct a proper mediation.

On the other hand, there were interruptions in this particular mediation due to the online nature of the setting but that is not always the case As well, sometimes a party may not have a strong enough internet connection which can make things a bit more of a challenge but there is usually always a way to work around any issues encountered.

In the end though, the mediation was able to proceed effectively. Although some firms and clients may still choose to attend in person, it is likely that remote and virtual work will continue long after the COVID-19 restrictions lift. Adapting during the challenges of this pandemic has certainly changed the way our industry can effectively work, and it will be interesting to see how the courts also adapt.

Brooke Schneider
Summer Student