Best Practices for Online
and Remote Mediation

Winsby Leyburn follows CMC guidelines

Online and remote mediation services have taken on more prominence over the past few weeks and will continue to be an important option to face to face meetings over the next few months and beyond. Whether it's distance, illness, travel difficulties, or simply difficulties in arriving at a solution, online platforms allow dispute resolution without in person meetings.

At Winsby Leyburn, our highly experienced mediators host web based alternative dispute resolution mediation services using Zoom Professional or Skype. We follow the best practices outlined by the Civil Mediation Council (CMC) to ensure the best outcome possible is produced for all participants.

CMC best practices

Prior to mediation

Security and data protection are essential when conducting remote mediation services. The platforms we use, as well as our file sharing system, are completely secure and confidential. Our policies for holding data are fully compliant with all applicable laws and regulations. Winsby Leyburn's comprehensive data policy is available upon request.

Choosing the right platform is critical for successful online mediation. Our mediators have extensive experience conducting dispute resolutions using both Zoom Professional and Skype, and we will guide the entire session.

We ensure participants know how to use the platform. The mediator will send details about how the mediation will be conducted to participants in advance of the session and check to make sure they know how to use it and are comfortable with it prior to beginning the meetings.

The agreement to mediate will reflect the remote nature of the mediation. As with any mediation, the agreement will include the terms and conditions, as well as the method of mediation that will be used. We also host a platform for parties to provide their signatures remotely.

During the mediation

When starting the mediation, the mediator will clearly signal when it has begun, confirm that each person present understands the confidentiality requirements, and outline any other rules that need to be followed.

Maintaining engagement is a crucial job of the mediator, especially when the mediation is conducted remotely. Our team has ample experience mediating a wide range of disputes, and we know how to keep all parties focused on working toward a solution.

Having a backup method is key. When using technology, there is always the possibility for a failure or malfunction. Both parties will agree to an alternative method should the initial one stop working, in order to keep the mediation moving forward quickly.

Our mediator will conclude the session with a clear statement informing the parties when the mediation has finished, along with the confidentiality and without prejudice provisions in regard to future correspondence.


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