Your clients may have concerns about how mediation can work remotely. You may not have a representative and have questions on remote mediation and how it works. Here is some guidance to answer some of those questions.
REMOTE MEDIATIONS – HOW DO THEY WORK?
There are many ways in which remote mediation can work effectively and efficiently. During difficult times requiring only essential travel, social distancing and self isolation, “face to face” mediations may be difficult if impossible to achieve.
Parties to litigation may be facing financial uncertainty and may still want to try and resolve litigation to give some financial certainty in uncertain times.
WHAT PLATFORMS CAN WE USE FOR REMOTE MEDIATION?
Remote mediation can take place on various platforms either individually or using a variety of them, namely :
- Skype
- Zoom
- Facetime
- Telephone
- Email
Which platform is used depends on the level of comfort that the individual parties have in using the platforms, as well as the facilities available for the individuals concerned. Concentus understands that and will aim to work with the parties as much as possible to make a mediation work for them.
BASIC GUIDELINES FOR PREPARING FOR REMOTE MEDIATION
The best way to make a remote mediation work is to follow these basic guidelines;
- Choose a mediator with the skills required to mediate remotely.
- Choose a method of communication that you are comfortable with.
- Keep the number of attendees to a minimum.
- Try to be in the same location as the attendees on your side of the dispute if at all possible.
- Make sure you have a reliable and stable internet connection or phone line.
- Make yourself comfortable, have everything to hand that you will need.
- Prepare in the same way as “face to face” mediations, prepare a bundle of key documents in advance, a position statement and have an initial conversation by telephone with the mediator in advance of the day.
HOW WILL THE MEDIATION DAY WORK REMOTELY?
- Initial conversation with the mediator regarding the process and the signature of the mediation agreement.
- Only those who are parties to the Agreement should be in attendance and listening to the call.
- The mediator will work between the parties in the usual way, having conversations with each party to facilitate an agreement between the party.
- A joint session hosting all parties to the mediation can take place if necessary however if not necessary the mediation can commence straight away with focussed conversations with the individual parties.
- Parties will be able to take breaks in between conversations with the mediator but should remain close to their computer or telephone so that they can communicate with the mediator as soon as possible.
- An Agreement, if reached, can be signed by the parties electronically
