Hey fellow mediators,
I've been thinking a lot lately about our shared commitment to ethical practice. We all entered this field with noble intentions—helping clients navigate conflicts respectfully and find win-win solutions that avoid the adversarial nature of litigation. But I want to have an honest conversation about whether we're fully living up to our ethical obligations when it comes to embracing technology.
Pre-COVID, a typical separation agreement might take around 20 hours to complete. Today, with thoughtful application of technology, that same agreement can be finalized in 10-12 hours. That's potentially thousands of dollars in savings for our clients during what's often a financially stressful time in their lives.
Yet many of us haven't incorporated these time-saving technologies into our practice. Let me share three specific tools that have transformed my mediation work—tools rarely covered in mediation training programs:
First, shared document platforms like Google Docs have been game-changers. By sending clients a boilerplate separation agreement template with commenter privileges, they can review documents between sessions on their own time. They see each other's comments and questions, preparing them for more productive sessions. This eliminates hours previously spent walking through standard clauses together.
Second, video conferencing with screen sharing (I prefer Zoom) allows clients to participate from wherever they're comfortable while we collaboratively edit documents in real-time. Remember the old workflow? Take handwritten notes during in-person meetings, then bill clients while you transcribe and format those notes into formal documents that would need additional review later. Screen sharing eliminates this redundancy completely.
Third, AI recording and transcription tools (with client consent, of course) provide not just a record of what was discussed but can generate session summaries and action items. Clients almost always appreciate this service, which replaces the billable hours we used to spend drafting and sending "Progress Notes" after each meeting.
So why aren't these practices standard across our profession? Sometimes it's comfort with familiar methods or lack of technical confidence. But if we're truly committed to ethical practice, we need to recognize that unnecessary billable hours create an accessibility barrier to our services.
The question becomes uncomfortable but important: Is it ethical to maintain traditional practices that increase client costs when more efficient alternatives exist? If our primary commitment is to client welfare rather than billable hours, shouldn't we be obligated to adopt technologies that make our services more affordable?
I believe embracing these tools represents a higher standard of ethical practice—one that prioritizes client outcomes and financial well-being over professional convenience or profit maximization. It's about aligning our technological practices with the values that brought us to mediation in the first place.
I'd love to hear how others are navigating this intersection of technology and ethics in their practice. What tools have you found that genuinely benefit clients? What hesitations do you still have? Let's challenge each other to ensure our commitment to ethical practice extends to how we use—or don't use—the technological tools available to us.
What do you think? Are we living up to our ethical obligations if we're not helping clients save money through these accessible technologies?
ABOUT THE AUTHOR
Mike MacConnell, founder of Reflective Mediation, is an accredited family mediator, conflict coach, educator and author. He is the highest-ranked mediator on Google in the greater Toronto area, with over 180 5-star reviews. To book your free consultation click here.
