Online Mediation: what could POSSIBLY go wrong? Six key questions.

Avoid tech rage!

There are pros and cons of online mediation, using video-conferencing technology. In many cases, online mediation is a great option. Here, we look at key questions to look at in advance to prevent things going wrong.

1. CAN YOU HEAR ME....?

Do you (and your team) have secure and stable internet connections and alternative ways of communicating?

Have you tested them out?

If there are any doubts, consider using office facilities, for example, rather than joining the mediation from home. Work out some alternatives in case your regular connection breaks down on the day.

In particular, make sure you and your team all have mobile contact details for each other and for the mediator.

2. WHO ELSE IS IN HERE?

Are you (and your team) familiar with the video-conferencing facility being used for the mediation?

Most online mediations are on Zoom, which many people are familiar with. However, bear in mind that there will be some differences in a mediation compared with a standard Zoom meeting – for example, the use of virtual break-out rooms. Your mediator should usually offer to run a brief test session with you and your team before the start date of the mediation. If not, ask for one or run your own test session with your team.

Make sure that you (and your team members) are aware at all times which room they are in and who else is in that room. Your team will have a private virtual room and there may be other break-out rooms, as well as the main mediation room.

The mediator will be able to enter your private room (after a virtual knock on the door), but not other parties. However, other parties may be present in the main mediation room or in the Zoom "Main Session" space. An unguarded comment with other parties present could have a seriously damaging impact.

3. ARE YOU GROWLING AT ME?

Do you (and your team) have private and undisturbed space and time for the duration of the mediation?

If not, you should make alternative arrangements – such as making arrangements for children, dependent adults or unruly pets to be cared for and/or using office facilities when you would otherwise have joined the mediation from home. Be aware that the mediation might go on for longer than expected.

4. SORRY, DID WE WAKE YOU UP....?

What does your attire and/or video backdrop say about you?

Your (and your team members’) attire should be respectful of the process, the other participants and yourselves. Some mediations will be more (or less) formal than others. As a general rule, all team members should steer clear of BUNS: beachwear, underwear, nightwear and sportswear.

I’d suggest keeping your backdrop as neutral as possible. For example, avoid cluttered areas, “statement” items or carefully curated bookcases. These can all create an impression, but often not in a good way.

If you're using a virtual backdrop, make sure it's suitable and test it out first with a colleague or friend. Some of them can distort your video image online.

Ensure that any gimmicky filters are turned off before the mediation starts. Tempting as it may be, nobody really wants to mediate with a unicorn or a gorilla.

5. CAN YOU WAIT A MINUTE WHILE I JUST … OH, HOLD ON … EM … WHERE DID IT GO? … ARE YOU STILL THERE…?

Do you (and your team members) have ready access to all potentially required documents?

If you’re relying on electronic copies of documents, can you all easily access the documents at the same time as using Zoom? If not, you may need additional device(s) to facilitate document access.

6. WE'RE ABOUT TO REACH AGREEMENT: HOORAY! ( .... BUT, ... ER.... WE WON'T BE ABLE TO SIGN IT).

Is there a pre-agreed method of signing a settlement agreement and are you and your team set up to operate it?

It may involve using digital signature software or may simply be a case of printing off the agreement, signing, scanning and emailing. In any case, do you know who in your team will have authority to sign any settlement agreement? And do you have the right facilities available in the right place to effect and communicate valid signature?

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In any mediation, there's plenty of scope for the unexpected. Visiting these questions in advance of an online mediation won't guarantee a successful outcome. However, it will help you avoid some of the potential pitfalls and maximise the many benefits of the online format. For further information, see my Zoom Mediation Guide.