Face to face helps agreements to endure…

For those of us who facilitate for a living the question of online vs virtual dogs is constantly. The surge of good online technologies has enabled participation across massive distances at very little financial and environmental cost. A good online facilitator (and they are NOT common) can create a warm and effective dialogic container using virtual tools. Online tools are useful and online spaces are a brilliant option for accessibility. They help in all kinds of ways. Since well before the pandemic I have offered courses and workshops online but I have to admit that I still prefer face to face especially if I know what we are doing requires building a strong and enduring relational field.

Yesterday a prospective client told me for the first time that they no longer do zoom trainings for their staff. It is not a good use of their training budget because staff don’t like it, it’s is not effective and by now most folks have figured out how to be online with as little participation and attention as possible. As a teacher I too find this state of affairs to be pervasive and I expressed my admiration for this policy.

This person is pointing to the biggest problem I have with online: it doesn’t seem to build the enduring relational field that face to face meetings do. For transactional outcomes I suspect online is fine but if you spend all of your time relating to people mediated through technology, I suspect that it has an enduring negative effect on relationality, and therefore long term sustainability of a team’s culture and intangible outcomes.

I’d welcome research on this. Today I came across an article in my feed that reports on a court case from Ontario that ruled on the question of whether online was the appropriate forum for a settlement conference. The judge ruled it was and the article summarizes his findings this way:

Spiegelman does not state that mandatory mediations should presumptively be virtual, nor does it elevate technology over judgment. Justice MacLeod was careful not to replace one rigid default with another. None of this will surprise experienced mediators or counsel. But the decision carefully probes the lingering assumption that physical attendance is inherently superior and reframes face-to-face presence as a question of process design, evidence, and proportionality.

For mediators and counsel this confirms the reality and post-COVID experience that virtual and hybrid processes are no longer provisional. They are part of how mediation in civil justice now operates and they will be evaluated by courts by considerations of function, not nostalgia.

This case provides a clear message. Courts will have little patience for procedural skirmishing over mediation logistics unless a genuine process concern is identified as the issue. What drives settlement is not the room, but the readiness of the participants, the authority at the table, and the quality of the process design.

Spiegelman is a reminder that, in every mediation, form should follow function and disputes about form should not be allowed to derail the goal of resolution.

The article points out that there is little evidence to suggest that there are differences in outcomes between online vs in person settlement conferences. My observation is that this is probably true depending on what you consider the outcome to be. If the outcome is simply “a settlement” then perhaps this is the case. But alternative dispute resolution, practicesd more broadly, can also be about conflict transformation, relationship repair, and enduring accountability.

To that end I looked for some research that discussed this further. To my surprise there was very little. I would have thought over the past five years that justice system researchers might be interested in this question. but perhaps they were simply not asking the RIGHT question. Also, it should be said that I didn’t scour the entire internet for answers!

But I did find this paper from Paul Kyrgis and Brock Flynn at the University of Montana: The Efficacy of Mandatory Mediation in Courts of Limited Jurisdiction: A Case Study from the Missoula Justice Court.

The authors examined a number of landlords-tenant disputes to see if virtual conferences were effective in not just settling a case but creating an enduring settlement. To do that they simply looked at whether cases returned to court.

Finally, remote mediation appears to have mixed results. Remote mediation has undeniable benefits in facilitating participation and program scalability. But those benefits come at a cost. The ultimate settlement rate for remote mediations was a full ten percentage points lower than the aggregate ultimate settlement rate. That lower ultimate settlement rate suggests that remote mediation may not foster the same level of accountability or engagement as in-person sessions.

Their full paper is worth reading for the literature review and their methods. They alos spend a lot of time discussing all the various factors that may or may not contribute to enduring settlements and the cases that make up their sample. And I am definitely extrapolating from their conclusions a bit when I say that something happens face to face that builds relational accountability.

But still, this is one useful way to look at what else happens in face to face meetings vs online because in dispute resolution I surmise that some forms of relationship repair helps to make the settlement enduring.

Those of us responsible for designing and hosting meetings of all know in our bones that something different happens when we are all in the room together. We know that relationships come into play much differently. we know that strong fields are built and these are essential for building enduring results.

Six years after our pandemic started do we finally have data to be able to look at this question? If you know of good research in this field drop it in the comments.