I recently read a comprehensive and very thoughtful article on distance mediation dealing with not only Zoom-style mediation but by telephone as well. Many important considerations were touched upon. An area of particular interest to me was the aspect of maintaining confidentiality from such as:
- Others possibly being present at the participant’s location.
- Being certain they are not even with hearing distance.
- The opportunity for a participant to record the session (Zoom in my case). The Zoom host is able to prevent direct recording, but a cell phone or video camera off to the side is not impossible.
- So-called “pillow talk” where a participant believes sharing with a spouse or significant other is ‘OK’ notwithstanding the confidentiality agreement that was signed two hours ago.
- The mediator should announce when entering the breakout room — or text ahead (which is what I try to remember to do).
I commend the article to your full reading to anyone conducting or participating in distance mediation.
References
Yeend, F. N. (2020, December 16). Distance mediation. QuickRead | News for the Financial Consulting Professional. https://quickreadbuzz.com/2020/12/16/litigation-nancy-neal-yeend-distance-mediation/?fbclid=IwAR33M8FP4kr6Y1LU6RA3IHCbXFJGQ4ddq8bbznT2BYVDIHTABwI2yerKPxg