As some readers know, we first offered video mediation soon after we signed up for Zoom in 2017. Our experience was favorable for the reasons noted below. However, few people were familiar with it at the time. In fact, we created this web page to explain it.
On March 17, 2020, we, like most mediators around the world, began hosting video mediations every day. We were curious as to what the results would be. Our experience was more positive than even we expected. Mediating on Zoom is different in some respects from mediating in-person. Most importantly, however, we have found that we succeed in leveraging the convenience, expense-saving and technological enhancements such as screen-sharing to achieve significantly greater client satisfaction, as well as the same or slightly higher settlement rates.
Our default setting for mediation is now Zoom. We can do in-person mediations upon request, but we need to be sure to coordinate the schedule when all parties and the mediator can be in the same place and also arrange for appropriate conference room space. Please email chantal@daisleymediation.com if you prefer to hold your mediation in-person rather than on Zoom.
One final note: please remind all participants that they should treat video mediation the same as in-person. That means logging in, with video and sound (an iPhone or iPad works well if a computer does not), the same as if they traveled to an office. Participants should feel free to handle email and the like during breaks, the same as if they were in-person, but they should give the mediation their undivided attention when in session. And please (we should not have to mention this): no driving during the video mediation.
Do you have a case in which traveling to an in-person conference is inconvenient or impractical? Will the travel logistics for counsel and the parties cause unnecessary delay in the scheduling of the Mediation? Or the expense of attending the conference in person might diminish the chances of settlement? Perhaps you already have attended one in-person mediation and you would like to re-convene but without the time and expense and having everyone travel to the same location.
Daisley Mediation has been pleased to offer Video Conference Mediation since 2017! The concept is as straightforward as it sounds. All participants attend the Mediation conference, but by video rather than in-person. No travel is necessary.
Instead of everyone convening in the same physical location, the participants join an online meeting via the Zoom platform. All that is required is a high-speed internet connection and a video camera such as that built into most laptops, cell phones and iPads and tablets. The Mediator provides everyone with a link to join the conference.
Parties and counsel may appear from as many separate locations as they desire.
We establish separate connections so that we can separately hold joint sessions and private caucus sessions. For the caucus sessions, the Mediator “walks” from one video meeting room to the other by joining and then leaving each side’s private caucus video meeting room. Counsel and the parties may confer privately when the Mediator leaves the caucus room. All participants have the ability to return to the main meeting room at anytime, but only parties assigned to the caucus rooms by the Mediator may join the caucus. We set up the rooms to mimic the rooms at our office: typically, a plaintiff caucus room, a defendant caucus room and an additional invitation-only room for “kitchen” chats with the lawyers.
We use the Zoom online meeting service for our video mediations. The technology is similar to Skype and Facetime, but with additional features such as the ability for us to assign parties to private caucus rooms as described above and screen sharing for reviewing exhibits, photographs and spreadsheets. Before the Mediation, we will email you the detailed, step-by-step instructions for joining the video conference. We also will set up a test session in advance of the conference so that you and your clients will be comfortable with the technology.
To schedule a Video Conference Mediation, please visit the Calendar page and submit an online date request. If you prefer in-person, you may email Chantal to address the timing and logistics of an in-person session.