This guidance is intended for parties or representatives who are not familiar with Zoom meetings

GUIDE TO MEDIATION MEETINGS ON ZOOM

Zoom is a video conferencing service that enables mediation to take place despite participants being in different places. The Zoom website is a helpful place to find out how it works.

This guide provides some specific information on how mediations are conducted over Zoom. Should there be any queries or concerns not covered by this guide then please do not hesitate to ask your mediator who will be familiar with what follows, as well as being fully competent in the use of Zoom.

Software

If using a smart phone or tablet download the Zoom app.

If using a laptop or desktop download the Zoom Client for Meetings
at https://zoom.us/download#client_4meeting

Rooms

In a mediation where the parties are present, the venue will have a room for each party and a room for the mediator, Zoom is no different.

To retain these arrangements Zoom recreates these rooms in the form of:

The Waiting Room (the reception);

A main meeting room for the mediator’s use;

Break out rooms for each party.

The Waiting Room is where the mediator will see the attendees appear as they join the Zoom meeting and he has control over who has permission to enter the Zoom mediation. The mediator also has control over who can be made to leave.

On arriving at the Zoom meeting the mediator will allocate you your break out room. It is crucial that the mediator is provided with the full name and email address of each attendee at least 24 hours before the mediation can take place to ensure that the correct participant is allocated the correct room!

There will be an adequate number of break out rooms for your mediation. There is also enough capability with our licence to allow enough attendees to take part with no limit on the amount of time needed for the meeting. The mediator has full control over who can join the Zoom meeting and which room people are in.

Joining a meeting

You will have been emailed a link to the password protected meeting. When you click on the link the app or Zoom client will open and you will be placed in the meeting waiting room.

The mediator will admit you to the meeting and place you in the relevant break out room. It is not possible for members of different break out rooms to communicate with each other whilst on the other hand, members of the same break out room can communicate in private on the Zoom.

The Zoom platform is extremely versatile in terms of giving the mediator the flexibility of joining break out rooms and arranging for attendees to join the mediator in the mediator’s room. A separate break out room can also be organised if the parties want to discuss matters in private. Simply ask the mediator to arrange that for you.

Process

The mediator will consider if a meeting with everyone at the beginning of the mediation would be helpful. Please raise this with the mediator before the mediation if this is something you feel strongly about.

The process of mediating over Zoom is no different to mediating in person. There are obvious advantages with Zoom such as:

You avoid the time and cost of travel.

You avoid the cost of a venue.

The nature of a Zoom meeting means that all documents are made available in digital format thus saving the costs of generating physical bundles.

You can decide where you want to be for the mediation.

FAQs

Do I have to buy a Zoom licence?

No.

What does it cost?

Attendees generally take part via a desktop in which case there is no cost. If attendance is by phone then the cost is that of the connection provided by the relevant network provider.

Is the meeting recorded?

We do not record mediations.

Do I have to join by video?

You can disable your video input but the mediator would prefer to see you! Your device will therefore need a camera function as well as sound.

Can I see who is in our breakout room?

Yes

Can anyone join the meeting?

No. Only those who have been provided with the secure meeting details and who have been allowed into the meeting by the Mediator.

Can members of our team meet privately?

Yes. The mediator can set up additional breakout rooms and select the appropriate attendees.

Can the other party see who is in the other breakout room?

No. An attendee can only see who is present in either their own breakout room or if they are invited to attend a meeting in the mediator’s room

An attendee cannot see who is in the waiting room unless they are in the mediator’s room.

How do we view or share documents?

The mediator will have been provided with any documents for the mediation and can “share” documents on screen either in the breakout rooms or in the mediator’s room. The mediator will only share documents in the mediator’s room with the parties’ permission.

How do I grab the mediator’s attention?

If the mediator is in another breakout room then you can contact the mediator by sending a message by using the message function that is easily identified from the screen.

Can I leave?

You can leave at anytime. If the meeting is still in progress you can re-join by clicking the link again. You will go into the waiting room until the mediator admits you to the meeting.

What if the technology fails?

Zoom is a reliable resource. Our mediator will have sufficient bandwidth to handle the meeting.

If there is a platform failure then the meeting will have to be adjourned. This will be for reasons outside the Mediator’s control.

Is the platform secure?

It is not possible for a 3rd party to interrupt the Zoom meeting as it is controlled by the mediator.

It has been used for trials by the High Court. We therefore have complete confidence in the system.

Zoom legal information is available at https://zoom.us/privacy-and-legal

In fact there were a number of advantages to remote mediation, which we think will lead parties to continue to use it post lockdown

Parties are able to join from their own homes or offices. With effective management of the timetable by the mediator, they are able to get on with their other business in their moments of idleness.

Zoom’s breakout room facilities work just the same way for plenary and caucus sessions as do physical rooms.

Documents can be shared and discussed on screen, which is easier than everyone physically huddling together round a drawing or other seemingly critical piece of paper.

Cost saving: the absence of travel time, accommodation and meeting facility costs as well as increased productivity during downtime means that the process is significantly cheaper for the parties.

More complex disputes may take steady effort for a period after the main day to get the parties to settlement. Because further meetings can easily be arranged by Zoom the momentum is not lost and the parties can eventually reach settlement. The continuation by Zoom feels no different from the original mediation. The sense is that the mediation simply carries on until it reaches its successful conclusion and that makes it more difficult to play the ‘walk away’ card.

The necessary individual pre-mediation Zoom test calls provide a great opportunity for preliminary exploration of positions and interests. They also allow our mediator to do some rigorous litigation risk assessment with each party before the mediation gets formally started.

Use of WhatsApp messaging groups means that parties are kept up to speed throughout about ‘where’ the mediator is and when they would next be required.