hardknockS : LeSSonSLearnedfromthetrencheSofzoommediation
Mediation & Arbitration Section Chair : HaroldOehler – OehlerMediation ifyourclientisnewto zoom , schedulea pre-mediationzoomcall withthemediatorto familiarizeyourclient withthetechnology .
Hard Knocks is a television documentary about the tough lessons learned in NFL training camp . As Zoom mediations have become more prevalent , mediators and mediation attendees have been through their own version of hard knocks , and have learned significant lessons which provide a winning game plan when using this technology .
Success on the football field requires coordination of offense , defense and special teams . Similarly , a successful Zoom mediation requires coordination of counsel , the client and the mediator . Counsel must ensure that the client has the equipment and know-how to effectively participate . If the client attends from a separate location , a computer with an Ethernet hardwire connection provides a better viewing experience , and a more stable connection , than a cell phone . If Wi-Fi is utilized , limit other Wi-Fi use on the network to avoid compromising bandwidth .
Just as a football team holds a pre-game walk-through , if your client is new to Zoom , schedule a pre-mediation Zoom call with the mediator to familiarize your client with the technology . Educate the mediator about the issues and review the Zoom settings to be used . For security purposes , the
mediator should enable the “ Waiting Room ” feature , disable the “ Join Before Host ” setting and provide a password with the invitation . The mediator should also disable the recording function and activate the “ Screen Sharing ” feature so the parties may share documents .
A football team ’ s playbook is an essential part of pregame preparation . Likewise , the mediation summary is an essential tool to educate the mediator . Counsel should scan all important documents into a separate file in . pdf format for easy screen sharing . Notifications on counsel ’ s computer should be disabled during the mediation to avoid pop-ups while screen sharing . Preparing a draft settlement agreement in advance will expedite documentation of the agreement . Settlement documents may be executed without charge on Docusign ’ s platform at : www . docusign . com / esignature / sign-documents-free /.
The NFL strictly regulates uniforms to promote a professional appearance . Similarly , both counsel and client should dress for a Zoom mediation as they would for court . There is a cathartic effect during mediation when a party vents their frustration to someone in authority on the opposing side who respectfully listens to their story .
This can often satisfy a party ’ s need to have their “ day in court .” Dressing respectfully helps build trust and creates an atmosphere of mutual respect and cooperation .
Position the camera at eye level and sit close enough to it to create minimal headroom on the screen . A “ ring light ” or natural light facing the speaker is far better than an overhead light . Be aware that light coming from behind the speaker creates a silhouette . A desktop microphone or lavalier mike is preferable to a headset which can be distracting . Use a plain or tastefully decorated wall as your background .
The mediator should instruct the parties not to record the mediation or allow anyone to listen off camera . The parties should be advised that the court may issue sanctions for breaching confidentiality . Exchange phone numbers with the mediator so the mediation may continue if a connection is lost . Since rapport is harder to establish on Zoom , it is especially important to present opening statements respectfully .
Following this game plan will result in a more secure and effective Zoom mediation that will maximize your chances for success . n
Author : Harold Oehler – Oehler Mediation
5 2 J A N - F E B 2 0 2 1 | H C B A L A W Y E R