Brick Court’s mediators are ready to help tackle the challenges of mediating under the restrictions imposed by the outbreak.
What are the alternatives?
Planning
A Zoom mediation protocol
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The parties will each identify how many devices/groups of people will be taking part from their side. They will precisely list the participants who will be using/visible on each device. Clearly if complete separation of individuals is being observed there will be multiple devices. (Zoom can accommodate up to 100.) |
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Each party should identify a lead as a main point of contact for the mediator(s). Parties may wish to form a whatsapp group for all their team members. |
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Each of the devices will need a functioning screen and camera and a secure Wi-Fi or hardwired connection for your computer. Please do not use public access connection as confidentiality will be compromised. You will need to have signed up each device for the free latest version of Zoom: go to https://zoom.us and click on “meetings”. The mediator(s) will be using the subscription professional Zoom application which will enable them to administer the process. |
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For each device the parties should provide to the mediator(s) separate means of communication, preferably a mobile telephone number and an email address for at least one of the people using each device. Those will need to be available, but with phones silent, through all meetings. The mediators will provide their own contact details. |
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You will be able to join the mediation by clicking the meeting link (and if required entering the meeting ID that the mediator(s) send you by email in advance). You should join the meeting at least five minutes before start time. Initially you will be placed in a “waiting room” until the mediator(s) can see that all are ready and initiate the meeting. |
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The parties are free to communicate directly with the mediators by phone and email and should do so in particular if they have concerns about the confidentiality of the process, the possibility that they are hearing exchanges they should not or are being overheard, for any problem with the technology, the signal or audibility. In the event of a technology failure of any kind the mediator(s) are likely to call a break and either continue the process by other means or restart the meeting. |
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When a party speaks the frame around their window illuminates. The mediation will not work if people interrupt or speak across each other. Participants who are not speaking should mute their microphones (bottom left of screen). In the joint meeting of all participants it is unlikely that all will wish to speak and typically there will be at most two speakers for each party. |
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The mediator(s) will assign the parties to separate breakout rooms appropriately. The mediator(s) control movement into the breakout rooms. The parties themselves have the option of returning to the main meeting when they choose. |
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There is a record mechanism on Zoom which the mediator(s) will have disabled. Neither this or any other means of recording should be used. The mediator can ensure that no recording of the Zoom sessions take place. Each party undertakes not to record in any other way. |
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The parties should probably consider agreeing to vary the usual mediation agreement by agreeing to be bound to a valid settlement by exchange of emails expressed to be binding between the parties’ lawyers. This is important as it may not be possible physically to sign a document (unless the parties have available one of the online signing systems such as Docusign or Adobe Acrobat.) |
https://www.brickcourt.co.uk/practice-areas/mediation
http://brickcourtmediators.co.uk/
Brick Court Chambers
24/3/20