E-Mediation Style Conferences 


Face to face mediations may not be practical sometimes, therefore I also offer E-mediations.

In addition to social distancing, e-mediation has other advantages:

  1. Parties and their lawyers need not be in the same room at the time of the pre-mediation appointments or the Mediation Style Conference. 
  2. This will make scheduling convenient times far easier as parties are able to attend wherever they may be.  
  3. E-mediation is cheaper! - the parties do not need to pay for a neutral conference room or refreshment in circumstances where those overheads would increase the costs.  I am also offering reduced fees and deferred payment terms during the COVID-19 pandemic to assist those who are suffering financially.
  4. E-mediation is a safe online environment for participants who have safety concerns. E-mediation makes it possible to mediate, even if there are restraining orders in place.
  5. In E-mediation, parties can choose whether to engage by video or just audio conference.
  6. In addition to (and simultaneously with) video (or profile pictures) file sharing is also possible. (e.g. draft parenting plans, schedules of assets & liabilities, disclosure documents).
  7. There are three options to formalise agreements reached at mediation:
    1. Add electronic signatures to a .pdf document (if parties are unable to do so, lawyers may sign on their behalf if instructed to do so).
    2. Parties can print, sign, scan and share a signed document.
    3. If printing, scanning or e-signing facilities are not available, parties can consent to the chair recording their agreement to a negotiated outcome. The recording will consist of the chair reading the terms of the agreement into the conference; then inviting each party to indicate their consent to terms.

My preferred platform for E-Mediation Style Conferences is zoom.  Its free to download. With my paid subscription, I am not limited to duration.

I can also facilitate E-mediation through your preferred platforms (subject to features which make private sessions possible).

Using Zoom, the set up works as follows:

  • I control the conference as the meeting organiser.
  • Participants cannot join the conference automatically – they will be placed in a virtual ‘waiting room’. This prevents uninvited ‘hackers’ getting into the conference.
  • I use the ‘breakout room’ feature. (so parties and lawyers have a separate conference – you are not stuck in a joint session for the whole mediation), which I can ‘step’ in and out of:
    • We start the conference with you and your client in your virtual breakout room (you don’t have to be in the same place).
    • I have the other party in their separate virtual breakout room.
    • When we wish to convene together, I can merge the breakout rooms.
      • While merged, a small gallery view of each person’s video stream is visible.
      • I can share files and use annotation tools or pointers on the document.
      • When settled, I can send the file to the parties through a ‘chat’ feature.
      • The chat feature can be via the whole group or can be private – between two parties to the mediation.
    • When appropriate or requested, I separate the breakout rooms again.
      • I can convene a breakout room for a discussion of just lawyers.
      • I can choose join the separate breakout rooms.  I will ‘knock’ before entering if you wish.
      • You can see when I am in your room and you can ask me to exit at any time.

I am helping instructors and clients with their testing.  I would propose approaching the virtual Mediation Style Conference as follows:

  • Run a test session with lawyers in the first instance.
  • Schedule pre-mediations back-to back.
  • At the end of the first pre-mediation; joint the next pre-mediation session to a joint conference for two minutes to test the technology.
  • Both parties will be muted at the start of the test.
  • When I un-mute, I will invite lawyers to run a sound test by speaking for a few moments so that we can all confirm that we can hear each other.
  • Once confirmed, I will terminate the first pre-mediation meeting and complete the second.
  • As an added security/privacy measure, after the test run, the invitation to join the e-mediation style conference will include the requirement for invited participants to join with a password provided for the session.

Whilst I understand that a face to face mediation is more personal and probably the best format, until the COVID-19 threat is over, e-mediation is the best alternative to a face to face negotiation.  It will enable parties to mediate their matter in a safe environment and not be forced to wait until it is more appropriate to hold a face to face mediation.

If you are planning on requesting me to chair a Mediation Style Conference in the foreseeable future, I suggest you familiarise yourself with Zoom and, if possible, download the application onto your chosen device.  For more information on Zoom and instructions on how to download the application, please visit: https://zoom.us/download

Any questions?  Send me a meeting request and we’ll discuss by video conference!