Mediating While Social Distancing -- I Am Doing It By Videoconferencing.
During this difficult public health emergency, we have watched as courthouses have limited intake of cases to emergencies, and lawyers have turned to telecommuting. However, efforts to resolve cases through mediation have continued. I mediate state and federal cases, and I have mediated cases with videoconferencing platforms. The most widely used platform with which many are familiar is Zoom. RingCentralMeetings, which is powered by Zoom, can also be used easily by anyone familiar with Zoom.
Videoconference mediations can be done efficiently, without traveling by the attorneys, clients, or insurance company representatives. Costs and time are less than with in-person meetings. The technology is flexible, allowing for joint sessions, separate caucuses, screen sharing, chat, and document exchange. Videoconference, like a phone call, can be initiated early during a lawsuit, and it is easy to schedule follow-up sessions. It can be lower-keyed than an in-person confrontation, helping some parties to focus on interests, rather than emotions.
A number of persons have expressed concern about the security features of Zoom, because they have read about the phenomenon of Zoombombing, where unwanted participants intrude into a Zoom meeting. Zoom has responded to security concerns by enabling the use of passwords and a virtual "Waiting Room" that persons must enter before the meeting host allows them to participate in a meeting.
While the coronavirus crisis has made videoconferencing a viable alternative to a physical meeting, it seems likely that after the current crisis fades, videoconferencing will become more popular as a means to conduct a mediation.
If you have questions about mediating by videoconference or setting up a mediation with me, feel free to contact me at:
(work email): [email protected] phone: 714.852.6836.
Take care and stay well,
Marc Alexander
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