ADR CORNER
ADR CORNER
Screen Sharing - My Favorite Zoom Mediation Tool
ALFRED A . LASORTE , JR ..
With the 2020 pandemic now firmly in the rear-view mirror , let ’ s assess Zoom ’ s place in the mediation world . Initially considered a stop gap , a means to let us mediate despite forced distancing , Zoom has proven its value and is here to stay .
Zoom ’ s cost savings and convenience alone would justify its continued use . But my favorite Zoom feature by far is one we use in virtually every mediation - screen sharing .
Screen sharing is exactly what its name implies - the ability to easily share whatever is on your computer / phone / iPad ’ s screen with all Zoom participants , on their screens at once .
Every creative writing teacher exhorts students to “ show , don ’ t tell .” The most effective means of proving a point during mediation is to show the evidence onscreen for all to see .
I have seen screen sharing used effectively in a wide variety of commercial mediation presentations - real estate cases sharing aerial photos to show boundary locations ; business cases sharing the relevant contract language ; construction cases sharing expert reports on allegedly defective manufacturing building products . Although I don ’ t handle personal injury mediations , I can imagine how effective a short day-in-the-life video could be in a high stakes PI mediation . Whatever your case is about , you ’ ve got your evidence all lined up to prove the case in court , right ? The other side needs to see it during mediation if you want them to settle .
Sometimes , the opposing side ’ s lawyer is the one who needs persuading , not their client . Sharing a dispositive appellate case onscreen , with the crucial holding highlighted , can really open their eyes to the strength of your position .
One of the most effective uses I ’ ve seen in mediation is sharing a damages calculation onscreen . Seeing the numbers can be so much more persuasive than just hearing them . ( Show , don ’ t tell , remember ?)
I often do a screen grab of one party ’ s screen share presentation so I can put it up on screen and discuss during private caucus with the other side ( with counsel ’ s permission , of course ). Zoom even has a nice mark-up feature that lets everyone make notations on a shared image . ( A shout out to Donna Greenspan Solomon for this tip !)
You can even show video deposition excerpts onscreen . Mediation can be eye-opening for parties . It ’ s often the first time they are truly confronted with the ammunition the other side has compiled .
We , as lawyers , can sometimes preach to the choir a bit , telling our clients how strong their cases are . This can be counterproductive , making clients overconfident and inflexible – never a good thing in mediation . A screen share of the other side ’ s evidence can be the wake up call that restores some objectivity to clients ’ case evaluations . This can be just what it takes to bridge the gap and facilitate settlement .
The key to effective mediation screen sharing is , of course , preparation . Just like demonstrative aids in front of a jury , use the screen to tell a story . The mediation may be the last opportunity you have to speak directly to the opposing parties , so make it count . Take the time to create an effective demonstration of the crucial facts in your favor , then put it on the screen . Show them , don ’ t tell them !
Screen sharing isn ’ t only an opportunity to prove your case . It also shows the other side that you do your homework . That you ’ re prepared . That you will be a formidable opponent in front of a jury . All resulting from what you share , and how you share it , on their screens .
And now a few mediation screen share tips :
PBCBA BAR BULLETIN 7
• Less is more . As with everything else you present as a lawyer , keep your screen share brief .
• When sharing documents , be sure the window you share is large enough that everyone can read the important parts you ’ re showing them .
• Before sharing your screen , make sure your device ’ s desktop is clean and neat . And turn off all irrelevant apps . A million disarrayed icons and windows in the background can be so distracting .
• And , please , turn off your device ’ s notifications . Nobody wants to see that off-color text from your golf buddy pop up !
Zoom offers many mediation benefits . The key is to make them work to your clients ’ advantage . Effective screen sharing can help settle your case . Use it !
For a wider discussion of Zoom ’ s advantages , see Al ’ s May 2023 ADR Corner article , “ To Zoom or Not to Zoom .
After a long career at Shutts & Bowen LLP as a commercial litigator specializing in real estate and general business cases , Mr . LaSorte now acts exclusively as mediator ( over 600 cases so far ) and expert witness through his own firm , Alfred A . LaSorte , Jr ., P . A . d / b / a LaSorte Mediation ( www . LaSorteMediation . com ). Mr . LaSorte can be reached at ( 561 ) 286-7994 and Al @ LaSorteMediation . com .
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