Sometimes it is difficult for everyone involved to come to one place for mediation, for example when they are in different countries or have difficulty traveling. With the use of Zoom platform, mediation can come to the parties’ homes. All that the parties require is a reasonably fast, secure internet connection and a computer or mobile device.
Online Mediation Information and Guidelines is based on the same principles as face-to-face mediation: confidentiality, voluntariness, self-determination, and transparency.
There are, however, extra factors to be aware of when mediating online. Including signing the Agreement to Mediate and filling out initial questionnaires.
The Agreement to Mediate is the document which regulates the process between the parties and the Mediator. It should be printed out, signed, and returned to the Mediator, or digitally signed if available.
The signing of the Agreement to Mediate will commence the mediation process.
Some points to be aware of in relation to Online Mediation.
The Mediator has an ongoing duty to ensure that the case is suitable for mediation.
If there are any concerns, these will be made known to all parties straight away, and if they cannot be resolved the mediator is obliged to terminate the mediation process.
Some circumstances which can preclude mediation include
concerns for the safety of either party or the children,
lack of full disclosure of personal and financial circumstances,
lack of willingness to engage with the process and undue influence.
It is essential that all parties are comfortable using a computer and that they are happy typing, sending and receiving e-mails, working with word and PDF documents and using Zoom.
It is absolutely essential that both parties have private, unrestricted access to a computer and a secure internet connection. Public WIFI connections and internet cafes do not have a sufficiently high level of security for online mediation.
Confidentiality and privacy is essential in online mediation. Please ensure you take all reasonable steps to maintain the privacy of the process.
Please ensure that your software is up and running in advance of the session and be sure that you have upgraded to the most recent version.
Please shut down all other applications on your desktop so you are not tempted to multi-task and answer emails etc. during the session.
Please ensure that you have a telephone (preferably landline) on standby in case the internet connection goes down or the software stops working.
Please be in position a few minutes before the scheduled session time to facilitate a punctual start.
It is essential to ensure that you are alone in the room, and no-one can overhear your conversation.
If someone enters the room during a session, please notify the mediator and any other parties.
Please also check that the environment is warm enough, comfortable, and free from background noise that could disturb the session.
The same rules of etiquette and procedure apply as in face-to-face communications – all discussions must remain respectful and free from threats and hostility.
Very Important! If at any stage of the process you have any concerns about using any aspect of online mediation, or you are uncomfortable using this model, or you experience “technology fatigue” tell the mediator.
When you have reached agreement, the mediator will send you both on a copy of your draft agreement which will not be legally binding until both parties have taken legal advice on its contents and signed the agreement.
If you are living in different countries, your lawyers may need to co-operate in order to ensure that your agreement has legal effect in both/all the relevant countries.
Fees for online appointments must be secured with minimum half of the fee before the appointment takes place. This deposit is only refundable if the client/s cancels the appointment minimum 48 hours before it is due to take place.
Any zoom sessions or face-to-face sessions are charged at an hourly rate. Fees are usually split equally between the parties unless you agree otherwise.
For more information on any of the above, please contact me by email @ Cathobrien77@yahoo.com or phone on 0838929426