Due to COVID-19, the standard of confidentiality has been extended to include conducting mediations virtually (the virtual meeting may be subject to being recorded, but the mediator/CDRC as host will maintain the recording in accordance with the confidentiality standard). While the general rule for parties and the mediator not to have any personal recording device (i.e., cell phones) on during the mediation still stands, the CDRC has determined that the mediation can be conducted virtually. This will enable each party to participate with their respective attorneys also being present.
Rocky: I have decided to attend the session with my attorney at his office.
John: This allows the father and his attorney, Jude M. Hammer, to have direct communication as they are in the same room replicating an element of a standard in-person mediation session.
Eleanor: I will be attending virtually from home and my attorney, Abby Rhodes, will attend virtually from her office.
John: This puts into question the mother’s ability to have the same access to her attorney with regards to direct communication.
Abby Rhodes: I would like to request that our cellphones can be on during the session so that I can communicate via text with my client.
John: From a quality of process point of view, (neutrality and confidentiality) should the father and his attorney be able to have their phones on?
Jude M. Hammer: We don’t need our phones on as long as we can agree to take breaks to confer with our clients.
John: Can the mediator as the host of the virtual meeting enable the private chat function as a substitute for each of the parties using phones or asking for regular breaks to confer? (Self-determination)
In your opinion, what is the spirit of mediation (consider the conflict between the parties’ self-determination against the mediator’s interest to maintain a quality process), and who defines what that is? Explain your reasoning and support your responses using the Standards of Conduct.
