Virtual, Remote and “Zoom” Mediations

January 20, 2023 –

A growing alternative to in-person mediation is online “virtual” mediation.

Virtual mediation is sometimes preferable to in-person mediation when the key participants in the mediation are scattered around the country or in different countries.  A remote virtual mediation may save travel time and money on travel costs and accommodations.  It may be easier to schedule the mediation and to schedule it more promptly.  It also allows the participants in the mediation to attend from different locations in which they are already familiar and comfortable, and it may sometimes make it easier to share documents during the mediation online instead of burying everyone in paper.

The interfaces for Zoom, MS Teams, and other such platforms, are relatively straightforward and intuitive.  They allow the mediator to organize joint sessions and to break the parties up into virtual break-out rooms where parties can meet privately and securely with counsel or separately with the mediator.  It is essential, then, that the mediator have the requisite experience and facility to organize the mediation on the selected video online platform and be comfortable controlling and sharing the screen and creating breakout rooms or, at a minimum have the requisite assistance from staff at the organization hosting the mediation.

To prepare for a virtual mediation counsel and client should:

1. Consider and decide whether they want to be in the same physical room during the mediation and participate individually online from a common space or each log in separately online.
2. Consult beforehand and agree on the configurations of their respective virtual rooms, the set-up of the webcam and speakers, the security of their WIFI network, their onscreen views, images, backgrounds, and the appropriate dress for the mediation.
3. Have a practice session using the pertinent platform to ensure that both counsel and client are familiar and comfortable with their respective virtual set-ups and to address any technical issues beforehand.
4. Exchange phone numbers to communicate before and during the mediation session as required and provide their respective telephone and email contacts to the mediator and staff before the mediation in the event of any interruptions and for offline discussions.

CASTAYBERT PLLC has extensive experience representing clients and participating as an effective advocate for clients in commercial mediation. To see how CASTAYBERT PLLC can assist you in the virtual mediation process, click here.