Online Mediation

Online mediation – a short guide showing how I work

Online Mediation is an excellent and very effective way to perform mediation both during Lockdown and after Covid restrictions are eased. The Pandemic produced strange times, however life goes on and disputes still happen: they’re not prevented by the Lockdown, or afterwards. There is an argument that disputes maybe even more likely to happen during the Pandemic or as restrictions ease. . In my view, the spread of Coronavirus restrictions has hastened the development of online dispute resolution.

When the Lockdown is relaxed I anticipate a growth in online mediation alongside traditional face to face mediation.

With online mediation, participants can resolve their disputes speedily and more cost effectively, in the comfort of their own homes, without having the hassle of travelling and so staying Covid safe. .

I’m offering a 15% discount from my published website fees, for online mediations conducted while Covid restrictions apply. The technology is simple to use – and I’ll explain it in a pre- mediation online session, with each participant and their advisers. At the same time, I’ll discuss the case and get to know each participant separately.

Zoom – most people will by now be familiar with this. In case not, here’s a brief summary:-

• The participants, their legal advisors and I will be in different parts of the country but as the mediator, I can put them in the same virtual breakout room so they can speak privately.. We can practice this in the pre mediation zoom meeting if you wish.

• As the mediator I can enter the private breakout rooms at any time, and instead of “knocking on the door” I’ll just check with the participants in the room if it’s ok for me to stay. The participants can decline if they need more time to talk privately.

• If you’re in the breakout room and wish to speak to me you can use the “Ask for help” button.

• If the participants want to ‘meet’, without their lawyers, I can create a separate breakout room. I can ‘attend’ that meeting or not, as the participants wish.

• Similarly a breakout room can be arranged for the lawyers if they wish to meet separately.

• Joint meetings can also be held with everyone in the same virtual room. You are likely to feel more at ease as you’ll be at home you won’t have to physically sit in the same room as the other participants (you’re not obliged to do that in regular mediations if you don’t wish to)

What equipment will you need? – Any device can be used; pc, laptop, tablet, iPhone etc. The better the equipment and the internet connection, the less likely an internet service interruption, so a good Wi-Fi connection is advised, rather than mobile.

The additional online usage as a result of the Lockdown has meant that there will inevitably be more interruptions in service. Generally, I’ve found it works well on my laptop.

Preparation for an online mediation meeting

If you don’t already have Zoom Software, you can download it with this free link. https://zoom.us/download

You don’t need to purchase the upgrade as I have done

Once I’m instructed, I’ll send out my pre-mediation briefing note (‘Briefing Note’ – there is an example on this website) This explains how the mediation process works and I’ll arrange a three-way Zoom meeting with the solicitor for each participant, with their client. This way they can familiarise themselves with the technology if they don’t know it and we can jointly discuss the process, and the documents that will be needed and the questions that need to be answered, per the Briefing Note. This will take the place of the pre mediation meeting that I normally have, which is referred to in the Briefing Note. I usually find that these initial discussions can help shorten the actual mediation.

In the days before the mediation, I’ll also briefly check with any other attendees, by a short one to one Zoom meeting, to make sure it is working on that person’s device. This will also allow me to introduce myself before the mediation.

How is an online mediation meeting created?

I’ll send you an email with a link, which you click to take you into the meeting.

Other Bespoke Online Mediation Software

I have also used other, bespoke online mediation software. If I feel it’s more helpful for the case to use that instead of Zoom, I’ll let you know, and explain beforehand how it differs from Zoom.

Who will ‘attend’ the Mediation?

You should consider carefully who should ‘attend’ the mediation. I would recommend only those who ‘need’ to as opposed to those who ‘want’ to attend. If the group is smaller, it will be easier to manage online.

Before the day of the mediation I’ll send the link to all the participants. Once everyone has clicked on the link this will bring them into the Waiting Room and once I click to let them in and they follow the on screen instructions to use video and the computer audio this will bring everyone on to the screen. I’ll check that everyone is present and I’ll answer any last minute questions on my Briefing Note.

If the parties have said beforehand that they’d like to start with a joint session then we can do so. If not, I’ll put everyone into their own private breakout rooms.

Confidentiality

please remember the importance of confidentiality, as set out in the mediation agreement and my Briefing Note. So if you are speaking from an environment where you might be overheard please do what you can to minimise or prevent anyone else hearing.

No recording

no recording is permitted of the whole or any part of the mediation.

Further questions – please let me know if you have any queries Zoom provide some really helpful short explanatory videos. https://zoom.us/resources