Best Practices on Zoom

While many people are now familiar with the Zoom platform, for successful and confidential mediation to occur, certain protocols should be followed. Here is a list of some of these basic protocols.

• The parties agree to use the on-line platform provided by Zoom to conduct mediation sessions. In so stating, the parties agree to download and install the software from Zoom necessary for participation in on-line Zoom mediation. The mediators shall serve as the host of the Zoom mediation session, and there is no cost to the participants to use the Zoom platform for the mediation.
• The parties acknowledge that there is no ability to provide a 100% guarantee of security when using any on-line video platform. All participants accept the risk of breach of confidentiality, although it is acknowledged and agreed that such a breach is unlikely to occur.
• To enhance the security of the mediation session, the parties agree that participants shall refrain from using a public access Wi-Fi connection when accessing the Zoom platform.
• The parties agree that only participants in the Agreement to Mediate shall be permitted to be a part of the mediation session. In so stating, no other people shall be present or within earshot, off-camera, in the space where the Zoom mediation session is conducted.
• The parties agree that if there are minor children in the vicinity where the Zoom mediation is taking place, a participant shall ensure that such children are being appropriately supervised by an adult other than the participant. Such disclosure shall occur at the beginning of the Zoom mediation session.
• The parties agree to participate in the Zoom mediation session in a quiet and private space.
• The parties agree that no audio or video recordings or screen shots are permitted during the Zoom mediation session.
• The parties understand that the mediators may suggest that they may meet with a participant or with a participant’s attorney in a “break-out” room. This separate meeting is generally referred to as a caucus. The mediators may move from one breakout room to another breakout room.
• The parties if the mediation session is interrupted, the participants will initially attempt to log in to the meeting again. The mediators shall advise all participants of a back-up plan if resumption of mediation on the Zoom platform is not feasible during the time of the scheduled mediation.
• The parties understand that at the start of the mediation session, the mediators shall admit each participant into the “virtual waiting room” when all participants have arrived. This procedure is done to ensure that mediator neutrality is maintained.