Virtual Versus in Person: Choosing the Best Option for Your Employment Mediation

Thu, May 29th, 2025 | by Miles Mediation and Arbitration | Article | Social Share

By Donna V. Smith

Employment law mediations involving claims like wrongful termination, discrimination, harassment, and wage disputes often include sensitive information and heightened emotions on both sides. Choosing whether in-person or virtual mediation is the better option depends on various factors, including the complexity of the case, the relationship between the parties, and logistical considerations. Given the unique complexities of every case, thoughtful consideration of whether to proceed virtually or in- person is a key element of pre-mediation preparation for attorneys. Here’s a closer look at the factors to consider when planning to mediate your Florida employment case.

The Rise of Mediation in Florida

Florida has seen a significant increase in the use of mediation, in part because of court orders; more than 90,000 cases were assigned to court-ordered mediation between July 2023 and July 2024. This statistic underscores the growing acceptance and effectiveness of mediation in Florida’s legal system.

While not universally mandatory, mediation in Florida it has become customary, with most civil cases undergoing mediation by agreement or court order at some stage of litigation. This structured approach reinforces the effectiveness of mediation as an alternative dispute resolution mechanism.

In fact, Florida’s mediation success rate is exceptionally high, with approximately 75% of cases being resolved before proceeding to trial. This high resolution rate highlights the efficiency of mediation, whether in person or virtual, in reducing court caseloads and providing timely dispute resolutions.

Advantages of Virtual Mediations for Employment Law Cases

As mediation has become more common, the landscape of conflict resolution has evolved significantly in recent years. Virtual mediations have emerged as powerful alternatives to traditional in-person sessions. While some may argue that face-to-face interactions foster better communication, the reality is that virtual mediations offer distinct advantages that enhance efficiency, accessibility, and overall effectiveness.

Convenience and accessibility. One of the most significant benefits of virtual mediation is its accessibility. Participants can engage in the process from the comfort of their homes or offices, eliminating the need for travel. This convenience reduces logistical challenges, such as scheduling conflicts and travel expenses, which can often delay the resolution process. Additionally, virtual mediations enable people from different geographical locations to participate without the constraints of physical distance, making the process more inclusive.

Increased comfort and reduced stress. Mediation can be an emotionally charged experience and being in a familiar or neutral environment can help reduce anxiety. Virtual settings allow participants to remain in their own space, where they feel more at ease. This often leads to more open and honest communication, as individuals are less likely to feel pressured or intimidated by the physical presence of the opposing party. This is particularly true when an employee or former employee is intimidated by the presence of the employer’s representative who may have been instrumental in the adverse employment action or decisions at issue in the mediation.

Efficiency and cost-effectiveness. Virtual mediations tend to be more time-efficient than their in-person counterparts. Without the need for travel, sessions can start and conclude promptly, avoiding unnecessary delays. Additionally, virtual platforms allow mediators to manage time more effectively by setting clear agendas and minimizing distractions. From a financial perspective, virtual mediation reduces costs associated with travel, venue rentals, and administrative overhead, making it a more budget-friendly option for all parties involved.

Enhanced focus and communication. Contrary to the belief that online communication hinders engagement, virtual mediations can improve focus. Many platforms include features such as breakout rooms for private discussions, screen-sharing for document review, and chat functions for clarifications. These tools facilitate a structured and streamlined process, reducing interruptions and keeping discussions on track.

Better document management Virtual mediation platforms enable seamless document sharing, making it easier to review agreements, proposals, and evidence in real time. Digital record-keeping also ensures that all relevant materials are accessible and organized, reducing the risk of misplaced paperwork or misinterpretations.

The Advantages of In-Person Mediation

Enhanced nonverbal communication. While virtual mediation offers many advantages, in-person mediation remains a preferred choice for many due to the depth of communication and personal engagement it fosters. Face-to-face interactions allow for better nonverbal communication, such as body language and facial expressions, which are crucial for building trust and understanding. This can be especially beneficial in emotionally sensitive disputes where subtle cues help mediators and participants navigate complex dynamics.

Better rapport among participants. In-person mediation also encourages stronger rapport among participants. The presence of all parties in the same physical space can create a sense of accountability and commitment to the resolution process, reducing the likelihood of distractions that can come with virtual settings. When individuals are physically present, they may be more engaged and less likely to multitask, ensuring a more productive discussion.

Controlled environment. Another key benefit of in-person mediation is the controlled environment it provides. Mediators can facilitate discussions in neutral, structured spaces designed for conflict resolution, free from external disruptions. This setting often allows for more effective de-escalation of tensions, particularly in high-conflict situations where direct human interaction can help calm emotions.

Less reliance on technology. Furthermore, technological limitations can be a challenge for virtual mediation. Poor internet connections, technical difficulties, and unfamiliarity with digital platforms can hinder communication and create frustration. Some participants may struggle to adapt to virtual mediation, especially older individuals or those without access to reliable technology, making in-person mediation a more inclusive option.

Both Virtual and In-Person Mediations Have Their Place

So, which option is best for your case? The short answer is, it depends. While traditional, in-person mediation has its merits, virtual mediation offers undeniable advantages that make it a superior alternative in many cases. Its accessibility, efficiency, cost-effectiveness, and ability to foster a comfortable communication environment position it as the future of dispute resolution. Virtual mediation is often better suited for wage disputes or contractual disagreements that don’t involve significant emotional conflict.

Virtual mediation can help neutralize the influence of an employer over an employee, making it a more comfortable setting for open dialogue. Participants no longer need to feel cooped up in a conference room for hours or worry about booking travel, arranging hotel stays, or making complex flight schedules. Virtual mediation allows individuals to join from a park, home, or any comfortable setting, making the process far more flexible and accommodating.

However, in-person mediation continues to play a vital role, particularly in cases where deeper engagement, nonverbal communication, and structured settings are crucial. In-person mediation allows for real-time emotional management and deeper engagement and is the right choice for cases that may require this.

As technology continues to evolve, a hybrid approach that incorporates the strengths of both virtual and in-person mediation may offer the most effective resolution strategy for diverse dispute scenarios.

*Originally published in the Daily Business Review and reprinted with permission.

About Donna V. Smith

Donna Smith is a highly effective mediator and arbitrator who has enjoyed a 35 year-long career in the field of labor, employment, and business law.

As an attorney, Donna represented both employers and employees at highly acclaimed law firms. Her vast experience on both sides of the table uniquely impacts the dialogue between parties who are navigating solutions to resolve their disputes. As a mediator, her clients praise her demeanor, patience, and commitment to roll up her sleeves to keep working through even the most unusual challenges.