1st ZOOM Mediation in Northern Ireland

Oisin Toner from GCS,  sets out a brief view of his experience of participating in his first Zoom Mediation in Northern Ireland.

“Thursday the 28th of May marked yet another landmark along the way of my Covid 19 legal journey, when I represented my client from the comfort of my office during the first Mediation by Zoom in northern Ireland, which ultimately proved to be very successful in our case and undoubtedly can assist the progression of dispute resolution in other cases.

The foundation for the success of the Mediation on the day was facilitated by the fact that Mr Speers, an experienced Mediator, had agreed the Ground Rules and a clear timetable to be adhered to during the Mediation, in advance. In practical terms, having the respective clients actually present in each representatives’ office during the Mediation (suitable Social Distancing rules at all times being strictly complied with) was hugely beneficial in terms of obtaining ongoing instructions, to facilitate communication with the Mediator throughout and to assist with the ultimate preparation of a settlement agreement.

Whilst I was somewhat apprehensive that some of the Mediator’s powers of persuasion might be lost through a screen rather than being delivered in close proximity in a private room, such fear was allayed when the Mediator moved into challenging mode (in the interests of achieving a resolution) with both my client and the Partnership Accountant.

The ease with which the Mediator moved through Zoom screens rather than physically ferrying between rooms, as he would’ve done conventionally, was tremendously efficient and allowed great scope for Counsel and I  to further consult with our client. Such an efficiency, when added to the saving to the client in terms of contributing to venue costs and to travel costs, only served to ensure that I have no hesitation whatsoever in both recommending and participating in a further mediation by Zoom.

In fact, a further one by the same methodology has already been planned. Overall, I still feel that the dynamic afforded by the personal interaction of the parties being present remains the most preferable means by which to reach a resolution, but in the absence of the same and given our present situation, a Mediation by Zoom is certainly a very viable alternative to be considered”.

Oisin Toner

Director

GCS, Armagh