The sudden dramatic reduction of travel caused by COVID 19 has quickly taught us the necessity of doing remote mediations using audio-visual platforms in whole or in part in appropriate circumstances.  With travel and face to face meetings restricted, virtual mediations have rapidly become commonplace in Australia.

Our members have been at the forefront of virtual mediation.

We use Zoom (which has the advantage of breakout room functionality), Microsoft Teams, and Cisco Webex.  Telephones can also be used alone or in combination with any other platform to improve communication.  We understand flexibility is everything.

Protocol for Virtual Mediations:

1. This is our protocol for the conduct of a “virtual mediation” using web-based video-enabled communication programs. It forms part of the terms of our mediation agreement.
2. The mediation will be conducted using one of a web-based video-enabled communication programs like Zoom, Microsoft Teams or Cisco Webex agreed prior to the mediation. Participants should download the relevant software in advance of the mediation and become familiar with it. They should also check that their video and audio are operating properly.
3. Each participant or group of participants participating virtually should also have and supply to the Mediator an email address and mobile phone which should be available and monitored during the mediation in case resort to one of those methods of communication is required.
4. The Mediator will be the host or administrator of, and will control, the virtual mediation. The Mediator will have the appropriate subscription for the relevant program to permit the mediation to be conducted as efficiently as possible. The highest security settings on that subscription will be used by the Mediator. Recording of any part of the audio or video of the mediation will be disabled by the Mediator as far as possible and, in any event, is strictly prohibited.
5. The Mediator will not communicate with a party who is represented by a lawyer at the mediation in the absence of that lawyer without the permission of both the client and the lawyer unless it is essential to do so for the purpose of establishing communication between the Mediator, the party and the lawyer, and then only to the extent necessary to do so.
6. The Mediator may also establish or ask a party to establish a cloud-based folder of documents concerning the mediation and the underlying dispute which will be available to all participants and the Mediator for use during the mediation, using a program like Dropbox or similar. This folder is subject to the terms of the mediation agreement (including as to confidentiality) and will be deleted once the mediation has come to an end.
7. The Mediator notes that all communications within the mediation, whether written or spoken, are confidential and subject to formal, written contract; that is, no binding agreement will be reached unless and until the agreement has been reduced to writing in a document which purports to be a binding contract and the parties had signified their agreement to the terms of that contract by the mode agreed, noting that this may not necessarily be by the exchange of original, signed documents.
8. Otherwise, the Mediation will be conducted as far as possible as mediations usually are conducted where the parties attend in person.

If you would like to explore the possibilities of conducting a Virtual Mediation please contact any of us by email or by telephone.