“Never cut what you can untie.”
– Joseph Joubert
Mediation by Video Conference
We understand that some clients may feel safer and more comfortable in their own environment. Mediation can be seamlessly transitioned to video conference with proper preparation and if everyone present during the meeting is keyed in to the practical and ethical nuances of a virtual meeting. With a nationwide legal practice, Mark has been using video conference technology to conduct confidential meeting sessions long before the pandemic and he is highly skilled at using all of the features so that the mediation can run as smoothly and effectively as in-person mediation.
Mark will host a test run with all parties to verify that all participants have a reliable internet connection and can receive and transmit both audio and video. In addition to making sure that technical capabilities can be met, Mark will take extra care to establish that the confidentiality of the mediation can be maintained. Mark asks questions about everyone’s location for the video conference, in advance, to check that all parties can communicate fully and frankly even when the content of the conversation could be embarrassing or potentially harmful. Mark is cognizant of the fact that the presence of any third-party defeats may violate the confidentiality of the mediation. Mark will take every reasonable step to ensure that the only people in “attendance” during the mediation are the parties and their attorneys. Preferably, all involved should be alone in a room behind a closed door. Not only will this protect confidentiality, but it will also help minimize distractions and encourage candor.