In the traditional mediation setting, there will be an
opening session with all the parties, and then split into caucuses. Each
party/counsel moves to a separate room, and the mediator then shuttles between
the various caucus rooms to interact with the various parties. Most often in
workers’ compensation cases there will be two caucuses.
Our attempt to mediate using the
video teleconference (VTS) equipment will modify this paradigm only slightly. In
the VTS process, the mediator will be appearing over the television from a
relatively remote location, and the parties will appear live as they do now.
The telephone remains a tool to be used at the discretion of the mediator, for
appearance of a particular party (ies). In the VTS process, the opening session
will be in the VTC room. When the process splits into caucuses, one party group
will remain in the VTC room and the others will move to a breakout room(s). At
the time when the mediator would move to another room in traditional mediation
setting, in the VTC setting the parties will change rooms, so that whichever
party is currently caucusing with the mediator will be in the VTC room.
This process will require patience
from the mediator and the parties. The movement of parties and their
files/materials may require more time than would be required for the mediator
to shuttle between caucus rooms in the traditional mediation setting. Because
of the parties’ mobility in this VTC method, it may be preferable that the
mediator place the call to any telephonic attendee from the remote location VTC
room. The mediator then remains in control of the “mute/unmute” of the call to
any remote attendee. This may complicate the communication between that remote
attendee and others during times that the telephonic attendee’s group is not
with the mediator. Therefore, it may be necessary to call a telephonic attendee
repeatedly.
Video teleconference mediation will
require OJCC Staff assistance at the mediation for completion of the mediation
report. Staff in the mediation location will be called upon to print, scan and
email documents and reports as necessary to complete the mediation. The parties
should be encouraged to electronically file all documents that will be required
at mediation. This will facilitate access by the remote mediator.
