“Fast changing times call for dynamic solutions. With the Covid-19 crisis upon us, Greg was quick to transition from in-person mediation sessions to online mediation. Although I was uncertain of the technology and the efficacy of online mediation, our first online mediation went off without a hitch. Greg’s natural empathy for people is as sincere online as it is in person. His mastery of the online platform makes the whole process seamless– click the link and start mediating. My ability to present by PowerPoint was not hindered; it was easy to use and quite effective. Technology aside, Greg’s considerable trial experience, listening ability, and fair-minded approach to all parties consistently produces excellent results. ”
Online mediation is a versatile and safe alternative to traditional in-person mediations, allowing parties, counsel and mediator to work together from separate locations using video technology. We use Zoom as our video platform. We find Zoom especially well-suited to mediations because it permits totally confidential discussions between attorneys and clients, with or without the mediator, in private break-out rooms.
FREQUENTLY ASKED QUESTIONS
How do you actually connect to an online mediation?
When a scheduled mediation is approaching, we will send you an e-mail invitation containing a link to join the Zoom session. If you click on the Join Zoom Meeting link with a desktop, laptop, iPad or cell phone, you can connect directly to the mediation at the scheduled time. (If you have accepted an invitation from us for the mediation, the link will also show up on your Outlook Calendar).
Counsel can forward this same link to clients so they can use it to join the mediation from a different location, or even a different country.
Should I download Zoom before the mediation?
It is going to help if you have Zoom loaded on your computer or phone in advance, so you aren’t delayed when you join the mediation. It is easy.
For a desktop, laptop or iPad, you have two choices:
Go to https://zoom.us/ and click on the Sign Up, It’s Free button at the top right of the screen; or
Go to https://zoom.us/, click on Resources at the top right of the screen, and then Download Zoom Client.
If you expect to be using Zoom again, we recommend you sign up for a free account. (You may note that the free account only allows group sessions lasting 40 minutes. That time restriction will not apply if you connect to one of our mediations, as we have a platform that gives us up to 24 hours).
For an iPhone or Android phone, simply download the Zoom Cloud Meetings app.
If you practice with Zoom beforehand you will quickly get a sense how easily this program works. We suggest you try it to video-conference with a spouse, child or friend.
What kind of internet connection do I need?
Use a good signal. The video and sound quality are going to be much better if you are using a good WiFi signal or hardwired ethernet connection during the mediation. A poor internet connection can cause uneven video and sound and detract from the mediation.
Use a secure connection. Given the absolute confidentiality of mediations, is very important that you always use a secure connection and not pubic WiFi. Don’t plan to mediate from a Starbucks or in an airport.
What about multi-party cases?
We can accommodate up to 100 users at a time, with up to 50 break-out rooms, so multi-party mediations are not a problem. In every mediation we set up break-out rooms, so counsel and clients can talk privately by themselves or with the mediator, with complete confidentiality. Each party in a multi-party mediation will have their own private break-out room.
How does the typical online mediation proceed?
Joint Session: Usually we will start off with a joint session with the mediator and all participants to explain the process and walk through the use of break-out rooms. If counsel wish to make presentations, we do that all together while in the joint session. At this stage of the mediation, everyone is able to see, hear and talk to each other.
Break-Out Rooms: We then split into private break-out rooms. For example, with a two-party personal injury lawsuit, there would be one room with the plaintiff and plaintiff’s counsel, and another room with the defendant or an insurance representative and defense counsel. These break-out rooms are private from each other and the conversations that occur remain completely confidential. You can see on video who is in the break-out room, so you know exactly who you are talking to.
The other side will be in their own private break-out room: you can’t hear them, and they can’t hear you.Mediator Visits: The mediator then will travel from break-out room to break-out room, just like in a traditional mediation. When the mediator leaves the break-out room, the remaining parties in that room can still talk privately and confidentially.
Are you sure the other side can’t hear my private attorney/client conversations?
With Zoom, you see the people you are talking to and they see you. So, when you are in the joint session with all the participants, you can see and talk to everyone. When you are in a private break-out room, you see who is in the room with you and those are the only people who can see and hear you.
Sometimes with an in-person mediation in a law office, there are thin walls so you have to keep voices down. That is not an issue with Zoom break-out rooms, which afford total privacy and security.
Are sessions recorded?
No. Zoom does have a feature that allows recording, which is useful in business meetings. It has no place in mediations. Only the mediator has the ability to turn on and control recording and we promise to never use this feature, to protect the integrity of the mediation process. On Zoom you can see if the session is recorded. You will never see that turned on in our mediations.
What if I want to share documents, visuals or PowerPoint presentations during the mediation?
Zoom does allow for “screen sharing” during a session. In order to do this, you will need to be working from a computer and have a free Zoom account set up in beforehand. It is worth practicing ahead of time, but not particularly difficult.
What if a client wants to join the attorney, in-person, for the mediation?
This is not a problem. We can have both attorney and client working off one computer and participating as a team or we can set up separate connections in the same physical location.
What if separate defendants in a multi-party case want to visit privately during the mediation or if counsel for different parties need to speak separately at some point?
We can easily set up break-out rooms in any configuration so people who need to talk together can do this in a private setting at any point in the process. Sometimes defendants in a multi-party case will want to get together to discuss allocation issues or strategy. Sometimes counsel will want to discuss issues with the mediator. All of this works seamlessly.
What is the downside to online mediation?
The only real downside to on-line mediation is the difference between sitting across the table from someone and communicating by video. Also, we can’t provide lunch to everyone.
Given the realities of lockdowns, social distancing and the current safety concerns associated with in-person mediation, this is a solution that allows mediations to continue forward in a safe and responsible way during challenging times.
How do you document settlements if everyone is online?
When we conducted mediations at a single location, we could document settlements by drafting a Settlement Term Sheet and having everyone sign this when we concluded the mediation session. With participants joining online mediations from many different locations, we can no longer do this, but technology has provided a very nice solution.
As we are putting a settlement together, counsel will work with the mediator to draft up a Settlement Term Sheet. Each side can privately review and comment on this document using the “Share Screen” feature of Zoom. Once we have a final version that works for all sides, we circulate it for electronic signature by Adobe Sign. Each mediation participant gets an e-mailed copy of the Settlement Term Sheet to sign electronically. A fully signed version goes out to all participants after each party has signed. Our goal is to make this process easy for everyone.
What reactions are you getting from participants?
Participants in our online mediations have been surprised at how easy it is, even if you don’t have technical skills. Reactions have been uniformly positive.
Where can I find out more about Zoom?
Go to https://zoom.us/ to find out more about the platform we use. Under the Resources tab, at the top right of the screen there are video tutorials if you want to dig deeper. As mentioned, you can also download the Zoom Cloud Meetings app on your iPhone or Android phone.
What if I want to just connect to a mediation without a lot of process and effort?
Just two steps:
Download Zoom Client (go to https://zoom.us/, click on Resources at the top right of the screen, and then Download Zoom Client).
Click on the link we e-mail you to join the mediation.
How can I schedule an online mediation?
Go to our online Calendar and lock in a date directly. If you have questions about on-line mediation or scheduling, please e-mail Cathy Conte, who will be happy to help you.
