Video Mediation Topics

  • Video Mediation FAQs

  • Using Zoom

    We use Zoom for our Video Mediations because we believe it has the best combination of necessary features and ease of use that are crucial to making the Video Mediation experience most closely resemble the traditional, in-person mediation experience. Among other benefits, Zoom allows the mediator to have all participants start in a single “room” together; and then, if necessary, break into separate “rooms” for individual/private meetings with each side.

    To learn how to use Zoom, click here.

    Additionally, Zoom has several features the mediator uses to ensure communications security of the meeting. (Please see Click here for VideoADR FAQs | Security)

  • Confidentiality and Privacy: Who May Attend?

    The named mediation party (parties), their attorneys (if any), required insurance professionals (if any), and the mediator are all considered mediation participants, and are the ONLY persons allowed to attend mediation without the express consent of all the parties. Thus ALL sides must pre-approve attendance at mediation of any “non-party” (including, e.g., the spouse, relative, friend, etc. of a party.
  • Confidentiality and Privacy: Absolute Prohibition on Recording or Transmission

    No participant, nor anyone acting on the participant’s behalf, may audio- or video-record any mediation session or portion thereof nor may anyone transmit a live or deferred video or audio relay of the online mediation session(s) to third parties. Note, Fla. Stat. § 934.03 makes it a felony to, among other things, record a person’s oral communications without their consent (or other situations that likely won’t apply in mediation) and, per Fla. Stat. § 44.403(1), the commission of a crime during a mediation (such as recording their voice without consent) is neither privileged nor confidential and may be reported to relevant law enforcement.
  • Best Practices and Troubleshooting

    Interruption Free Zone. All participants should take reasonable measures to ensure each is not interrupted during the mediation. This includes arranging for appropriate child or elder care (if applicable), notifying family, friends, and colleagues of unavailability, and making other appropriate scheduling choices.

    Technology Hiatus. Except for the computer or mobile device upon which you are conducting your online mediation session, you agree to turn off or silence any phones, tablets, or computers and disable any alert announcements and/or texts for the duration of your online mediation session(s). Further, you agree to refrain from the use of social media, or the unnecessary use of email and/or internet search engines, during your online mediation session(s).

    Early Log On. Please sign-in (whether video conference or telephone conference) to the scheduled mediation session at least 5 minutes in advance of the scheduled start time, so that any technology issues can be resolved and the mediation can start on time.

    Respectful Online Communication. Due to the nature of the online forum, it is especially important to allow each participant to finish their comment or statement before responding. In addition, the online format can amplify and exaggerate sound so maintaining a regular speaking voice is important. Finally, please remember that the camera does not always transmit hand gestures or non-verbal cues, so it is important to verbalize all communication during an online mediation session.

  • Document Execution

    If, as is often the case, mediation results in the parties reaching a deal, that deal has to be signed by the parties (and, sometimes, their counsel) to be enforceable. To facilitate the signing process, we use DocuSign.com as a secure platform for the execution of documents required during your mediation process (more information can be found at www.docusign.com ).

    In those instances when original signatures are required, documents for execution will be transmitted to appropriate participants for print and signature. Parties are then responsible for returning the appropriately executed copies to the Mediator and/or other parties via mail or overnight delivery service at your expense and upon timing agreed to by the parties.

  • Paying the Video Mediator’s Fees

    Please note that all mediator fee payments are due at the conclusion of the mediation session, and will typically be processed electronically. We use www.paypal.com for the processing of all credit card payments. If you prefer to pay directly, payments may be made through Zelle (sent to chris@shulmanadrlaw.com). Alternative arrangements (such as check, ACH or EFT) with prior approval.