Virtual Mediation Survey - The Use of Virtual Mediation in Canada

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1. Are you a mediator or legal counsel at mediations?

I am a mediator

I am a mediator who also acts as legal counsel at other mediations

I am legal counsel

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2. Where in Canada do you primarily practice?

British Columbia

Alberta

Manitoba

Ontario

Quebec

Nova Scotia, New Brunswick, Newfoundland & Labrador and/or Prince Edward Island

Yukon, Northwest Territories and/or Nunavut

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3. Did you conduct/participate in virtual mediations BEFORE the COVID-19 Pandemic?

Yes

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4. How many virtual mediations have you participated in since March 2020?

1-5

6-10

11-20

More than 20

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5. Overall, how do you feel about virtual mediations?

Very Positive

Positive

Neutral/Indifferent

Negative

Very Negative

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6. Have you noticed a difference in the rate of participation by key decision-makers in virtual mediations?

Yes, there has been a higher rate of participation by key decision-makers in virtual mediations.

Yes, there has been a lower rate of participation by key decision-makers in virtual mediations.

No, there has been no difference compared to in-person mediations.

I am not sure if there is a difference

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7. Have you noticed a difference in the rate of participation by advisors or experts in virtual mediations?

Yes, there has been a higher rate of participation by advisors or experts in virtual mediations.

Yes, there has been a lower rate of participation by advisors or experts in virtual mediations.

No, there has been no difference compared to in-person mediations.

I am not sure if there is a difference

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8. Which type of mediation do you personally prefer?

Virtual

In-person

I like both types equally

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9. On average, which type of mediation do you think disputants prefer?

Virtual Mediations

In-Person Mediations

Both types equally

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10. Have you experienced a difference in the settlement rate for mediations conducted virtually compared to in-person mediations?

Yes, there has been a higher rate with virtual mediations.

Yes, there has been a lower rate with virtual mediations.

No, the settlement rate has been about the same.

I have not conducted/participated in enough mediations of one or both types to know if there is a difference.

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11. Have you settled a case through virtual mediation which, in your opinion, probably would not have settled if the mediation had been conducted in person?

Yes

Not applicable

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12. Have you mediated a case virtually that did not settle which, in your opinion, probably would have settled had the mediation been conducted in person?

Yes

Not applicable

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13. What do you estimate are the cost savings of mediating a two-party dispute virtually by not having to incur the cost of room rentals, catering, travel costs, travel time for lawyers and clients etc. associated with an in-person mediation?

0-10%

11-20%

21-30%

31-40%

41-50%

more than 50%

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14. In your opinion, what are the benefits of virtual meditation? (Check all boxes that apply)

Convenience

Flexibility

Less costly

Comfort of the participants

Time efficiency

Access to participants/key decision-makers

Easy use of technology (eg. screen sharing)

15. In your opinion, what are the disadvantages of virtual mediation? (Check all boxes that apply)

Technical glitches/dropped connections

Interruptions/distractions

Difficulty building trust and rapport

Less party engagement

Confidentiality concerns

”Zoom fatigue”

Inability to read body language

16. Do you intend to use/offer virtual mediation after social distancing/public health requirements are lifted?

Yes, unless someone insists on an in-person mediation

Yes, on a case-by-case

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17. Post-Pandemic, what percentage of mediations do you predict you will conduct/participate in virtually?

0-10%

11-25%

26-33%

34-49%

50% or higher

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