This practice uses Zoom for its Virtual (online) Mediations. The following protocol will apply to such mediations subject to such revisions as the parties (through their legal representatives) may agree in writing.

Virtual Mediation Protocol

  1. Each participant to the mediation agrees to it being conducted as a Virtual (online) Mediation using the Zoom teleconferencing platform.
  2. The calendar invitation will include a link to the virtual mediation that should be clicked on (shortly prior to the agreed time for the mediation’s commencement). Participants should note the meeting ID and password, as well as the dial in number (which will also be included in the invitation), as these may be required if there is difficulty with the link or in the establishment/maintenance of a connection to the mediation. These details (as well as the link) should be shared with all intended participants by the legal representative receiving the calendar invitation.
  3. The identity of all intended participants shall be advised to the mediator and other parties as soon as practicable along with an indication of roles, contact emails and contact telephone numbers – but in any event not later than 1 clear business day before the mediation. At least one of the contact telephone numbers provided for each party shall be a mobile number for use in communication during the mediation if required.
  4. Each participant will use their best endeavours to facilitate the mediation being conducted as such a Virtual Mediation including taking necessary steps to have access to appropriate functioning equipment and an internet connection for the duration of the Virtual Mediation, and a telephone connection as a backup (in case it is required because of difficulties with the teleconferencing equipment, the internet connection or the Zoom teleconferencing platform).
  5. The Zoom platform should work satisfactorily without the need for a headset- but if participants have a headset, they are welcome to use it and it could be handy to have it on standby in case of an issue with the clarity of sound.
  6. Participants who have had no prior use of the Zoom platform should allow sufficient time prior to the commencement of the Virtual Mediation to log in and test the proper functioning of their equipment and connection. If there are difficulties that cannot be quickly resolved, any participant affected should notify all other parties as soon as possible.
  7. Whilst the Zoom platform has a chat function that enables private chatting between groups, participants are free to adopt such other arrangements for private communications during the Virtual mediation as they think fit including using email and WhatsApp (or similar applications).
  8. Each participant acknowledges that the Virtual Mediation is a confidential meeting and shall do their best to ensure that the visual or auditory content of the Virtual Mediation is kept confidential to the participants. Accordingly participants should be located in a sufficiently isolated area that no non-participant is likely to be able to see or hear any part of the Virtual Mediation.
  9. If it is not possible for any participant to place themselves in such a sufficiently isolated area for the duration of the Virtual mediation, that participant shall disclose such fact to the other participants (through their legal representatives) as soon as and the mediation will not proceed until the participants have agreed to an alternative arrangement regarding confidentiality or to a continuation regardless.
  10. Unless otherwise agreed, participants should remain connected to the mediation but may mute their microphones and/or close their video if not immediately required by the mediator or their legal representatives provided that appropriate arrangements have been made for active participation when required without undue delay or undue inconvenience to the other participants.
  11. If during the course of the Virtual Mediation a non-participant enters an area where they might see or hear the Virtual Mediation, any participant who becomes away of that possibility shall immediately draw the attention of all other participants to that matter and the mediation will not proceed until all participants are again in a sufficiently isolated area or until the participants have agreed to an alternative arrangement regarding confidentiality.
  12. No participant shall record the visual or auditory content of the Virtual Mediation without the prior written consent of the other participants.
  13. No participants shall disclose the Zoom Meeting ID, password or meeting link to any non participant.
  14. As the Zoom platform permits documents to be shared on the screen, participants should collect whatever documents might be shared in this way in a convenient single location on the equipment being used so that if they are shared that can be done with efficiency.
  15. Participants will have access to the Zoom controls described here. Participants should try to be familiar with these controls. “Raising your hand” will be an indication that you would like to say something. Alternatively, the chat function that is part of the Zoom platform maybe used for tis purpose. Things are likely to progress in a more orderly fashion if participants wait until they are invited to speak.
  16. Participants may mute their microphones when not actively speaking. This can assist in reducing the interference caused by background noise.
  17. It is likely that participants will spend significant time in virtual breakout rooms. The use of these rooms from a participants’ perspective is described here.
  18. If the mediator is not in the breakout room, but his attendance is desired participants can click “Ask for help".
  19. Any settlement reached during the Virtual Mediation shall not be binding on the parties until signed counterparts have been electronically exchanged.