A Guide to Online
Mediation for Barristers,
Solicitors and Clients
Introduction
Online mediation can help you continue with business as usual and progress your litigation
matters to a negotiated settlement.

In this guide we cover the following topics:•Equipment•

Process design•

Getting started•

Ground rules•

Best practice•

Top tips

If you have additional questions or concerns about mediation please contact us atadr@cedr.com. Our mediation experts are on hand to answer your questions.

Equipment
Having the right equipment is key to conducting a successful online mediation. Mediations
may be conducted using smart phones, however, CEDR has found that online mediations
work best when they are done using the proper equipment.

Essential equipment:

Enhancements:

Laptop/tablet with microphone andcamera

A headset with a microphone

A strong and secure internet
connection
A secure video conference service
provider such as Zoom Pro, WebEx,
GoToMeeting, or Skype for Business.

A large screen or double monitor
A stylus to mark-up documents

A Guide to Online
Mediation for Barristers,Solicitors and Clients
Getting startedCosts
Most video conference service providers, require the host or organiser to have a paid account.
Typically, the attendees do not need to have a paid account and they can register and join themediation for free. This is the case with all CEDR mediations.
Downloading software
Most video conferencing providers require you to download software. If your hardware is issued
by your employer, check with your system administrator as early as possible if your system
supports the download.
Help
Most of the major video conference providers have fantastic and comprehensive user guides
which you can watch online (e.g. Zoom https://support.zoom.us/hc/enus/articles/204772869Zoom-Rooms-User-Guide).

Best practiceShowcase your professionalism by:• Creating a professional background – ensure the backdrop is neat, tidy, and depersonalised(remove personal photos)• Lighting – ensure your surroundings are well lit and that you do not have a large light source
behind you, which will make it hard to see your face on screen.
• Frame yourself – be mindful of your distance from the screen. As a rule of thumb, your headshould take up a maximum of 60-70% of the screen. Always sit with your shoulders back andchin-up.
• Make eye contact – resist the temptation to look at yourself in the corner and really try toconnect with others on the call.

Designing the right process
Each mediation is unique and it is very important to consider the process which will work best,
taking into account technical capabilities, available time, attention spans and environment. Sitting
on a video conference for eight hours or more can be a challenging and draining experience foreven the most focused and determined participant.

A Guide to Online
Mediation for Barristers,Solicitors and Clients
Designing the right process (continued)
Discuss the following key process points with your mediator:• Location and environment of each participant• Scheduled breaks – you will need time away from your screen to move around.
• Splitting the mediation over two days – this may help keep energy and attention levelshigh• Advance calls – a significant amount of work may be completed in advance of the mediation• Settlement - agree in advance how a settlement agreement will be executed. CEDR canarrange for electronic signatures if needed.

Ground rules
Agree the rules of the mediation with all parties. Transparency is key for building trust andconfidence. Assist the mediator with reinforcing/following:
Confidentiality
Consider the confidentiality provisions and the effect of without prejudice privilege.
Privacy
Ensure that only individuals listed on the participant form may attend or be present in the rooms
where each party member is joining.
Recording
Agree in writing that recording is not permitted.
Planned or possible interruptions - know in advance and discuss with the parties
If a participant may have an interruption from another household member it is important to alert
the other side to this possibility as unexpected interruptions can negatively impact the trust
between the parties.
Joint meetings - keep microphones on mute
This should be the default setting to avoid distraction from multiple background noise.
Use of phones/checking emails
Parties will be receiving emails and communications on the device they use to log-in to themediation. Agree ahead of time if participants should have email and messenger functions
closed and off during the mediation.

A Guide to OnlineMediation for Barristers,
Solicitors and Clients
Top tips
Familiarise yourself with the technology•
Have an introductory call with the mediator to see how the tech will be usedon the day.
•Test it out on other calls
Raise possible interruptions in advanceTake frequent breaks

Respect the other party‘s privacy and confidentiality•
No surprise attendees•
No recording
Always have a Plan B•
Agree in advance what will be done in the event the technology isn’t working
for one or all parties.

Contact us

If you have additional questions or concerns
about mediation please contact us. Our
mediation experts are on hand to answer yourquestions.
adr@cedr.com(0)20 7536 6060