Given recent and fast-moving COVID-19 developments, I am writing to clients who have booked in-person mediations to discuss options adapted to the moment.
We have initiated a protocol to allow video participation by any party who elects to do so through Zoom video conferencing (zoom.us/). This simple and elegant program is so widely used by universities and corporations that it is one of the few stocks to go up recently.
Zoom’s advantage for mediation lies in the availability and management of breakout rooms. Like in-person mediation, it allows participants to group in caucus rooms and for the mediator to coordinate larger sessions or private conversations. For users, participation can range from dial-in to smart device and computer video conferencing.
By necessity, we tied out-of-state lawyers and clients into a mediation earlier this week. While not in-person, it worked much better than we anticipated. So I’ve been training on Zoom breakout rooms with a group of the finest mediators in the world and am ready to adapt it to practice.
Combined with other tools like Word and Adobe Secure e-Sign, we’re able to mimic many features of a traditional mediation while protecting participants from travel and group meetings.



