Eskhill & Co | Green House at Eskhill | 15A Inveresk Village | Musselburgh | EH21 7TD | Tel: 0131 271 4000
Why Remote Mediation?
Mediation works and what we have learnt during the pandemic is that remote mediation works. In the past we mainly mediated on-location but in 2020 and 2021 we moved to online mediation for about 50 mediations. We have learnt that mediation continues to have the same high success rates and little is lost using Zoom for mediation, which is a flexible online platform with the option of private rooms for the parties. Not only does online mediation work well but parties can find it more convenient. We have provided some brief answers about remote mediation below and expanded on these in three papers you can access as PDFs from the download box in the right hand column. If you are thinking about mediation and would like to find out how it would work for a disagreement you are involved in please read on and get in touch with us.What is Remote Mediation?
Remote mediation covers both telephone and online meetings. Put simply, it is a way to negotiate while in distant locations. You may think of it first as a way to deal with time or location constraints and staying safe with the emergence of new variants of Covid. But it is not only the way of contingency or compromise. Mediating online can be better in its own right; it is quicker to arrange meetings; it is easier to get a number of people together at one time; it is not difficult to adjourn and reconvene on another day; any number of private rooms can be provided for parties and their advisers; it costs less in time, travel and venue hire; and it has less impact on climate change. More than that participants have found it an agreeable setting for a challenging dialogue.What do I need to mediate remotely?
Participants can join a remote mediation by telephone, smart phone, tablet, laptop or desk computer. Most platfoms for video conferencing, including Zoom, will operate on PC, Apple or Android operating systems. We can work with any of the systems currently available but our experience is that the Zoom platform is the best for the reasons given in the next paragraph and it can be used at no cost to the parties.Why we prefer to use Zoom?
We recommend the use of Zoom because we find it is both a more stable platform even across slower broadband services and it has features such as the waiting room, breakout rooms, whiteboard, file transfer and screen sharing which enable us to simulate the physical set-up we might look for in a suite of meeting rooms. There is more information on using Zoom in our Introduction to Remote Mediation.Do I need experience of using Zoom?
We believe that participants will get the best outcome for their mediation if they are at ease with the system and so it is important to us that everyone is comfortable using the technology. One of the incidental outcomes of the pandemic crisis has been that we have all upskilled very quickly in using smart devices and online platforms for communications with our family and business colleagues and contacts. While that has meant that we find most people know Zoom, we do not take this for granted and we offer whatever training and familiarisation participants feel they need. We provide, at no additional cost, for all mediation participants, an online Zoom Familiarisation Session tailored to suit their level of experience. We also have a briefing note on Zoom for Parties in Mediation.Can I trust it to be Secure and Confidential?
As in all mediations confidentiality is vital. We use a version of our standard Agreement to Mediate which has been amended to suit the circumstances of remote mediations. It is available by clicking Agreement to Mediate - Remote. Only people named in the agreement to mediate can attend, participate and listen-in on the mediation. The confidentiality of mediation can only be set aside with the specific agreement of the parties; if required at law; or, if non-disclosure may lead to significant harm to a person’s life or safety. The Zoom platform is encrypted which provides another level of security for participants.What is the Mediators Green Pledge?
Eskhill & Co mediators are part of the Green Pledge which is a commitment we make to reduce our impact on climate change in the course of our work. Remote mediation is one way of reducing the carbon generated by comparison to on-location mediation but we are not presuming that it is the default. We will offer ways to lessen our impact on the environment but we recognise that our clients will have their own policies and practices, so we will welcome ideas on this as part of the dialogue at pre-mediaton about the logistics of holding a mediation. Click the logo - find out more.Find out more
Why not have an initial, free consultation with us? There's absolutely no obligation. Find out how we work and what we can do to help you resolve a problem involving two parties. Derek Young, Citizens Advice Scotland
“The covid-19 crisis has forced many
industries to re-consider how they work in
very practical terms: our courts system should
be no exception. More widespread use of
mediation would not only benefit the
people involved; it could also provide a
positive lockdown legacy. After all,
mediation can offer people an alternative to
court proceedings - which are adversarial and
very formal - and can help resolve disputes by
achieving mutual benefits."
Remote Mediation
Remote mediation is mediation by telephone or video conferencing. Click here to download our introduction to remote mediation.
“instead of going to court and having an
expensive and uncertain piece of litigation,
parties may be sensible to consider
mediation"
Lord Neuberger of Abbotsbury
Past President of the Supreme Court
on Radio 4’s Today programme, 27/4/20
Eskhill & Co | Green House at Eskhill | 15A Inveresk Village |
Musselburgh EH21 7TD | Tel: 0131 271 4000
Why Remote Mediation?
Mediation works and what we have learnt during the pandemic is that remote mediation works. In the past we mainly mediated on-location but in 2020 and 2021 we moved to online mediation for about 50 mediations. We have learnt that mediation continues to have the same high success rates and little is lost using Zoom for mediation, which is a flexible online platform with the option of private rooms for the parties. Not only does online mediation work well but parties can find it more convenient. We have provided some brief answers about remote mediation below and expanded on these in three papers you can access as PDFs from the download box in the right hand column. If you are thinking about mediation and would like to find out how it would work for a disagreement you are involved in please read on and get in touch with us.What is Remote Mediation?
Remote mediation covers both telephone and online meetings. Put simply, it is a way to negotiate while in distant locations. You may think of it first as a way to deal with time or location constraints and staying safe with the emergence of new variants of Covid. But it is not only the way of contingency or compromise. Mediating online can be better in its own right; it is quicker to arrange meetings; it is easier to get a number of people together at one time; it is not difficult to adjourn and reconvene on another day; any number of private rooms can be provided for parties and their advisers; it costs less in time, travel and venue hire; and it has less impact on climate change. More than that participants have found it an agreeable setting for a challenging dialogue.What do I need to mediate remotely?
Participants can join a remote mediation by telephone, smart phone, tablet, laptop or desk computer. Most platfoms for video conferencing, including Zoom, will operate on PC, Apple or Android operating systems. We can work with any of the systems currently available but our experience is that the Zoom platform is the best for the reasons given in the next paragraph and it can be used at no cost to the parties.Why we prefer to use Zoom?
We recommend the use of Zoom because we find it is both a more stable platform even across slower broadband services and it has features such as the waiting room, breakout rooms, whiteboard, file transfer and screen sharing which enable us to simulate the physical set-up we might look for in a suite of meeting rooms. There is more information on using Zoom in our Introduction to Remote Mediation.Do I need experience of using Zoom?
We believe that participants will get the best outcome for their mediation if they are at ease with the system and so it is important to us that everyone is comfortable using the technology. One of the incidental outcomes of the pandemic crisis has been that we have all upskilled very quickly in using smart devices and online platforms for communications with our family and business colleagues and contacts. While that has meant that we find most people know Zoom, we do not take this for granted and we offer whatever training and familiarisation participants feel they need. We provide, at no additional cost, for all mediation participants, an online Zoom Familiarisation Session tailored to suit their level of experience. We also have a briefing note on Zoom for Parties in Mediation.Can I trust it to be Secure and Confidential?
As in all mediations confidentiality is vital. We use a version of our standard Agreement to Mediate which has been amended to suit the circumstances of remote mediations. It is available by clicking Agreement to Mediate - Remote. Only people named in the agreement to mediate can attend, participate and listen-in on the mediation. The confidentiality of mediation can only be set aside with the specific agreement of the parties; if required at law; or, if non-disclosure may lead to significant harm to a person’s life or safety. The Zoom platform is encrypted which provides another level of security for participants.What is the Mediators Green Pledge?
Eskhill & Co mediators are part of the Green Pledge which is a commitment we make to reduce our impact on climate change in the course of our work. Remote mediation is one way of reducing the carbon generated by comparison to on-location mediation but we are not presuming that it is the default. We will offer ways to lessen our impact on the environment but we recognise that our clients will have their own policies and practices, so we will welcome ideas on this as part of the dialogue at pre-mediaton about the logistics of holding a mediation. Click the logo - find out more.
Remote Mediation
Remote mediation is mediation by telephone or video conferencing. Click here to download our introduction to remote mediation.
Find out more
Why not have an initial, free consultation with us? There's absolutely no obligation. Find out how we work and what we can do to help you resolve a problem involving two parties. Derek Young, Citizens Advice Scotland
“The covid-19 crisis has forced many industries to re-consider how they
work in very practical terms: our courts system should be no exception.
More widespread use of mediation would not only benefit the
people involved; it could also provide a positive lockdown legacy. After all,
mediation can offer people an alternative to court proceedings - which are
adversarial and very formal - and can help resolve disputes by achieving
mutual benefits."
“instead of going to court and having an
expensive and uncertain piece of litigation,
parties may be sensible to consider
mediation"
Lord Neuberger of Abbotsbury
Past President of the Supreme Court
on Radio 4’s Today programme, 27/4/20
Mediation, Facilitation and Coaching