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In order to allow life to go on as near normal as possible, we are using a sophisticated video conferencing platform (Zoom) for remote mediations. Although our mediators would normally prefer to mediate face-to-face this is proving a very satisfactory alternative, without diminishing the chances of success.
A recent example of a remote mediation (which settled!) involved nine people in six different locations, mainly in their homes.
Feedback from this mediation was as follows:
“After initial scepticism I was quickly won over by the ease of use of the video conferencing system. Being able to see colleagues, clients and others as well as hear them made the process far better than just using telephone conferencing.”When people ‘arrive’ at the mediation, Zoom allows the mediator to put people together with the other members of their ‘team’ in a virtual breakout room. This room is completely confidential and allows private conversations between the people in that ‘room’. The mediator can join the breakout rooms for private conversations or bring everyone together for plenary sessions if appropriate.
The technology allows the participants in the breakout rooms to summon the mediator at any stage by selecting the ‘Ask for Help’ button. Of course, the parties can also call the mediator on his/her phone if necessary.
If, as happens in face-to-face mediation, the mediator feels it useful to bring different individuals together e.g. for a lawyer to lawyer meeting a separate breakout room can be created to enable that conversation to happen.
Any device can be used – computer, tablet, smartphone etc, together with a reliable internet connection. The connection can be tested beforehand here: https://zoom.us/test
Prior to the meeting all you need to do is visit this website and download the software. It is free. You do not need to purchase the upgrade.
https://zoom.us/downloadThe mediator will send you an email with a link in it. All you need to do to join the meeting is to click on the link and follow the instructions.
In advance of the mediation, the mediator will arrange a Zoom meeting with each party to ensure that the technology is working for each individual and to answer any questions or issues that a participant might have. The mediator will need the email address of every person attending so as to be able to invite them to join.
The mediator will send an email with the meeting link to each participant. At the appointed time, all you need to do is click on the link. The mediator will either have pre-assigned the parties to their breakout rooms or will have a waiting room in operation so that he/she can join each participant individually. The mediator will explain how the process will work – in our experience, much of this explanation is the same as if the mediation had been face-to-face.
As with a face-to-face mediation, the mediator will have already discussed whether a joint session is wanted by the parties and, if so, he/she will be able to bring all participants together in a virtual joint session. The mediation will then proceed as it would in person and, in our experience, the parties will quickly become accustomed to the format and forget that they are doing this remotely!
In the event that your clients are persuaded to try this system, but upon trying it on the day they are unhappy to proceed further, we will gladly postpone to a mediation in person at a later date without any additional cost.
Click here for our Client Guide to Remote Mediation which gives you further information.