Eskhill & Co | Green House at Eskhill | 15A Inveresk Village | Musselburgh | EH21 7TD | Tel: 0131 271 4000
Why Remote Mediation?
There is a pressing need to adopt new ways to resolve difficulties and disagreements which are part
of the ups and downs of organisational and business life. In the past we have mainly used face-to-
face mediations. Much of our work is now done by remote communication away from our offices.
Mediation has similar potential to be organised remotely. 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 how remote mediation might
work for a disagreement you are involved in please read on and get in touch with us.
What is Remote Mediation?
When participants are unable or unwilling to meet in person, remote mediation is a way to
negotiate from different locations. It may be because of time or location constraints and at this
time of a pandemic it may be the only way to resolve disputes without the risk to participants’
health. It can be carried out by telephone or video conferencing.
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 Apple or Android
operating systems. We can work with any of the systems currently available but our experience is
that the Zoom App is the most appropriate and flexible and it can be used by the parties at no cost
to themselves,
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 and screen sharing which enable us to simulate the physical set-up in meetings rooms
we usually use for mediation in the virtual environment. There is more information on this 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 parties are comfortable using the technology. For this
reason, we make a special point of offering 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.
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