Virtual Mediations
Virtual Mediations
The COVID pandemic fundamentally “disrupted” the way we work. Disruption can be good and bad; disruptive innovation like the cell phone has created both positive and negative consequences. So too with how we mediate in the post-pandemic world.
On-line mediation via Zoom, Teams, and other web conferencing platforms appears here to stay, creating both opportunities and challenges. To mediate cases effectively in a virtual setting, begin by focusing on a few areas in particular:
1. Secure a robust internet or ethernet connection. Weak WiFi signals can result in videos freezing, garbled sound, and dropped signals. Parties often come to a mediation frustrated so don’t exacerbate the tension by working off a poor WiFi connection. Make sure to secure strong bandwidth through your internet provider or use ethernet connections rather than WiFi.
2. Invest in technology. Virtual mediations are likely here to stay so don’t skimp on technology. Invest in a reliable computer, multiple screens, and a good microphone. While it is possible to mediate on a cell phone or tablet, that is not your best option. Set up a technology system that is easy to use and allows for clear visuals and sound.
3. Pay attention to the setting. Set up a conferencing system that is both effective and efficient while also non-distracting to the viewer. Make sure to have adequate lightening in the front of your computer and avoid lighting from the back, particularly windows. Set up a suitable backdrop, one that doesn’t take the viewer’s attention away from you. Most conferencing platforms enable you to blur your background, which will reduce distraction. Sit at an appropriate distance from the webcam so that you are eye-level and not too close or far from the screen. Keep eye contact with the camera. While it is natural to look at your screen (or screens) as opposed to the camera lens, keep in mind that eye contact is key whether you are in person or on video.
4. Pay attention to the number of people in the room. You may not be the only person on the screen during the mediation. If you intend to have your client speak, such as in a joint session, have your client familiarize themselves with the web conferencing technology. While a virtual setting does not allow for in-person introductions and handshakes, a client who is comfortable in front of the camera will enhance their interactions during the mediation. Make sure others on your side are also accessible and comfortable. Your co-counsel, adjuster, investigator, and others may be in another location -- another local office, another city, another state, or another country. Ensure their settings are appropriate as well.
5. Avoid distractions. The pandemic forced many of us to work from home, and some of us (maybe many of us), have taken a liking to it. Sometimes mediating from home provides a sense of comfort and security that is difficult to secure in the office. If you are mediating from home, pay particular attention to distractions. Look what’s in the background – no one really wants to see your bedroom. Be mindful of who is home, including children and pets. Nothing is more distracting than a child interrupting you while on camera or a dog barking in the background.
6. Use Presentations. Just because you are in a virtual setting does not limit you to simply talking into a webcam. Think about displaying documents, diagrams, photos, and even PowerPoint presentations. Most conferencing platforms allow you to share your screen to display these things. There is really nothing to prevent you from presenting what you would in person through Zoom, Teams, or other platforms. If, however, you feel uncomfortable doing so, make sure to send anything you plan to use to the mediator and the opposing side well in advance of the mediation.
7. Practice, practice, practice. Make sure to learn the ins and outs of the web conferencing platform that you are using. It may be a platform with which you are unfamiliar or have less experience using than the one you typically use. At a minimum, make sure you know how to mute, adjust the volume, turn off the video, adjust lighting, and use the “share screen” function. Set up a trial run with a colleague or friend to practice.
The more comfortable you become with on-line conferencing, the more you will appreciate the benefits of virtual mediation. I recently tried a four-month trial almost entirely by video conferencing. Having gone through the initial trials and tribulations of that experience, I am actually quite comfortable trying cases and mediating disputes through video. I actually favor virtual mediation in particular cases. I suspect others will too.