How Does Zoom video Mediation Work?

A link to join the Zoom video-conference will be included in the confirmation E-mail you will receive from the mediator.  To join a mediation session via Zoom video conference, you will be prompted to download the free Zoom software to your computer, laptop, iPad or tablet, or mobile phone.  Zoom has a feature-rich, mobile app for both iOS and Android, allowing you to virtually connect from anywhere with a secure  internet connection. Once the software is downloaded, take some time to get acquainted with Zoom if you've never used it before.  

Start Zoom with a free subscription and record or video-conference with a co-workers, friend, and family member.  Take the time to Zoom with a friend or family member, if you have never Zoomed before.  Doing this will make you more relaxed on the day of the mediation session and it will help you work out any technical issues you may have as you're setting up.

I recommend that you download the Zoom software early.  Get the 'technical-bugs' worked out before the mediation date and time.  Here are a few things to consider:

• The Mic and Camera - Generally, you will use the mic and camera already installed in your device (computer, laptop, iPad or tablet, or mobile phone.).  There are many alternative external mics and cameras that can be purchased and added to your device, but that is not required.  Your already installed mic and camera a probably compatible and will work fine.
• Virtual backgrounds are available for you to select from or you can upload a background image of your own.
• Viewing and Signing Documents can be viewed and signed during the mediation session via Zoom and other secure platforms like DocuSign or Adobe pdf.  Each participant will be able to share their screen to share documents.  Each participant will have a green share button on the Zoom screen.  Before sharing your screen on Zoom, you will have an opportunity to preview the screen.

Join the video-conference mediation via Zoom 5 or 10 minutes before the scheduled start time to work out any last minute video or sound 'technical bugs'.

Mediation is always confidential, mediating via video-conference is no exception to the rule of confidentiality in mediation.  To ensure confidentiality when video-conference mediating, certain role based access controls and admin features are available to the mediator when using Zoom.  Also, aside from having a unique login and password, Zoom also implements both Secure Socket Layer (SSL) encryption and AES 256-bits encryption.

Only the participants to the mediation via Zoom will each receive an E-mail with a link to join the video-conference mediation.  Once the participants have joined the video-conference mediation, the mediator will close the 'mediation room' so no other uninvited person can accidentally join. 

While in the 'mediation room' each participant will be able to view, hear, and speak with the mediator and all other participants.  Only the mediator will have the technical capability to make adjustments to the 'mediation room' to maintain confidentiality in the 'mediation room', such as record or mute participants, 

In a mediation session, the parties and the mediator might want to meet separately, or one of the parties and their attorney might want to meet separately.  These separate meetings are still part of the mediation session, and are called a Caucus (a caucus is considered part of the mediation process as a private, confidential meeting of members of one side of a dispute). 

In a video-conference via Zoom, the mediator will also have the technical capability to separate one or more of the participants into a 'break-out room' without ending or restarting the mediation session.  A 'break-out room' allows for confidential conversation for individual participants.  These private conversations in the 'break-out rooms' are closed to all other participants.  

A 'break-out room' gives the mediator an opportunity to speak privately with each party, outside of the presence of the other party; and a 'break-out' room gives a participant and their attorney an opportunity to speak privately with each other, outside the presence of the other party (or parties), and mediator at their discretion.

If you're preparing to attend a video conference mediation via Zoom, there are a number of things you might want to consider.

1. Choose a private and quiet location to log on to Zoom and begin the video conference mediation.  During mediation it will be important to for you to clearly hear and understand the mediator and all participants and for them to hear and understand you, so plan ahead to make sure no background noises will become part of your mediation.
2. Choose a virtual background.  Zoom allows you the capability to choose a virtual background.  No green-screen is necessary.  You may choose to not use a virtual background.  Perhaps you are in an empty room, or you may want to use a live background.  If you want to use a virtual background, you can either choose from a stock background image available from the Zoom platform or you can upload your own image to use as a background.  Choose a background image free of clutter or distractions, remember you are the who the mediator and participants want to focus on.  Do not use a background with images or text that make a statement or that could evoke a negative reaction by the other participant or mediator.
3. Mediation is Confidential, so make sure no-one else is in the room with you while you are in the video conference mediation via Zoom.  
4. Drink and snacks. A video-conference mediation via Zoom may last for several hours to a full day.  The mediator will probably take breaks during the mediation process.  Take that opportunity to eat a snack or have a refreshment.