To schedule a video mediation you may call us at
(800) 776-6060 or email us at [email protected]
Michael Weinzierl
Virtual Mediation Coordinator
(800) 776-6060 (ext. 125)
[email protected]
ATTENDING MEDIATIONS USING ZOOM
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. Zoom is well-suited to mediations because it permits totally confidential discussions between attorneys and clients, with or without the mediator, in private break-out rooms.
How does the typical online mediation proceed?
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. However, video recordings have no place in mediations. Only the mediator has the ability to turn on and control recording and they will 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.
How do we document a settlement if everyone is online?
Typically, we draft a Settlement Term Sheet during the on-line mediation and share it electronically. If a settlement is reached, we can sign it in counterparts while everyone is connected.
What if a client wants to join the attorney, in-person, for the mediation?
This is not a problem. 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?
The mediator 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.
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?
Your privacy is our top priority and we are committed to providing the most robust security measures available in an online environment. For Zoom video conference mediations our protocol includes:
