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A Look at Mediation Today: In the Room, Via Zoom and the Advent of Hybrid Proceedings

August 25, 2021 Cecilia H. Morgan, Esq.

In its infancy, mediation mirrored a courtroom proceeding in some ways: There were a claimant and a respondent, as well as attorneys armed with law degrees, codes, statutes, negotiation tools and, well, fancy words. Each side constantly thrusted and parried as they both sought an advantage on the battlefield. Instead of a judge who ruled from the bench, into the fray stepped a mediator, and the nature of battle between parties was changed forever into a new, sleek dispute-resolving machine.

Our time-honored judicial system is almost beyond reproach and is without equal in the world today; frequently, it is the best and only alternative for those seeking justice. Mediation was, in part, created to ease the overburdened trial dockets of our courts and to speed up the process.

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