Guidelines for Online Mediation (Scheduling, Case Paperwork, Handling Fees)
Scheduling
- We are asking mediators to take a lead in scheduling mediation sessions (except for on-site cases staying with their original dates):
- Case Coordinators will handle initial case inquiries and intakes, and, assuming parties are willing to do online mediation, will contact you to provide parties’ and case information
- Using whatever phone or email address you prefer, reach out to the parties to identify a date and time that works for all of you (we can support you with developing arrangements that protect your privacy as needed – contact us with questions).
- Once you and the parties agree on a date and time, please schedule a session on Zoom:
- Using the CRG account (sign-in with Google, [email protected], Collab2020) or your own account, schedule a meeting for the agreed-upon date and time, labeling your session with your first name and parties’ initials (for example, “Betsy DL/CS mediation”).
- If using CRG’s Zoom account, please be sure to check the Zoom schedule (fig.1&2 below) to ensure that the preferred time is available.
- Please provide a 30-minute buffer before and after your session (for example, for a 2-4 mediation, you’d schedule the meeting for 1:30-4:30).
- Copy the invitation and provide it to parties, checking in with them to be sure they know how to enter the meeting and that they have reviewed the Online Mediation Information packet for parties previously provided to them by Case Coordinators.
- As needed, make arrangements for parties to have a brief orientation to Zoom’s basic functions to ensure they will be able to participate effectively in the session.
Figure 1: to view currently scheduled Zoom meetings & schedule your meeting on CRG’s Zoom account, launch the Zoom application and sign into the CRG Zoom account to view the home screen - see image below. Then, click on the Meetings tab.
Figure 2: Next, from the Meetings tab, you will notice a list on the left hand side with currently scheduled meetings. If the time and date you would like to schedule the mediation is available, you can schedule a Zoom meeting from this window. Click on the “+” button, or Schedule Meeting button to schedule.
- (New) Mediators should schedule follow-up sessions with parties at the end of the current session, or plan to be in touch with them to schedule future sessions. We recommend that mediators send reminders to parties 2-3 days before their upcoming session. If parties cancel their scheduled session, please work with them to find alternate dates, requesting support from Case Coordinators as needed. If you are ill or otherwise unable to contact the parties in your case, please reach out to Case Coordinators for support.
- (New) If you are unable or unwilling to provide scheduling for mediation cases, please be in touch with us about possible alternate arrangements. For consultant mediators who do case scheduling, please add 30 minutes to your invoices for “Scheduling”; this is currently a one-time addition per case, but please contact Case Coordinators if there are extenuating circumstances and you feel that additional time should be compensated.
Case Paperwork
- (New) All forms that may be needed for a case are available on this webpage. Please let us know if there is a document you need which is not included here, or if you have a question related to documents or guidelines. (Please note that these documents will be updated periodically; mediators need to be working with current versions.)
- (New) Case Coordinators will be providing parties and mediators with the modified online Agreement to Mediate form and obtaining your and parties’ signatures via our online intake form. Case Coordinators will confirm when all parties have signed.
- (Partly new) Case Coordinators will provide you with case-related information through scheduled calls, per current practice. To the degree that individual mediators request Coordinator’s intake notes or the equivalent of our current Client Info sheets, Case Coordinators will work to provide those notes by email, encrypting documents as needed to protect sensitive information.
- (Partly new) As appropriate, mediators will continue to work with parties to develop written agreements, and to forward a completed draft agreement to Case Coordinators (full divorce agreements will continue to receive a CRG attorney mediator’s legal review.) Agreements should generally be encrypted Word docs, sent via email; final versions will be password-protected PDFs which will either be mailed or emailed to parties or courts, per court guidelines and/or parties’ preferences (individual courts are handling this differently.) Per parties’ preferences, their signatures may be obtained by mail or via online signature, or for 1A divorces, via an in-person or online notarization process (coordinate with the court the parties are filing at or with your Case Coordinator for support with this service).
- (New) Necessary supporting documents provided by parties (Financial Statements, QDRO agreements, schedules, etc.) may be emailed to mediators and/or Case Coordinators as password-protected documents or mailed to CRG care of the Case Coordinator, in accordance with party preferences. Alternatively, you may recommend parties omit private information (DOB, SS#) from their financial statements, leaving it blank or only including the last 4 digits of their SS number, etc. We are currently collecting mail 1-2 times/week, and will notify mediators in a timely fashion when we receive parties’ documents by mail.
- (New) Evaluations need to be completed during the final mediation session, so please leave 5-10 minutes at the end of the session for them to complete that work. Please share the following link with parties (can use chat or share links) for all Non-PMP cases, and make sure parties have the CRG case number to use to complete the form
- Community Case evaluations: https://form.jotform.com/202924580353151
- Div/Fam Case evaluations (PMP): please continue using the current PDF or word doc (see PMP folder below for current version)
- Div/Fam Case evaluations (non-PMP): https://form.jotform.com/202434592168154
- (New) Mediators’ session summaries should be provided through a form called the “Session Summary Form”, located in a tab below. For PMP cases, you will be asked to complete an additional section of the form to address your mediator evaluation.
- As always, please reach out to Case Coordinators with any questions or requests. As you know, we’re working remotely, and our schedules don’t always fit with yours – but we want to do all we can to support you and the parties.
Handling Fees
- If parties are paying for their session(s), Case Coordinators will confirm the correct hourly rate that each party owes with you when assigning the case to you.
- At the end of each session, confirm with the parties the amount of time that is to be billed for. If they have questions about their hourly rate, suggest they contact a Case Coordinator.
- (New) Ask that the parties pay on our website by visiting the homepage and clicking the "Pay for Services" button
- Or, send a check or money order made out to Collaborative Resolutions Group and mailed to CRG, P.O. Box 931, Greenfield, MA 01302.
Learning How to Use Zoom for Mediations
CRG currently uses Zoom for online mediations (https://zoom.us). If all parties and mediators agree, it may be possible to conduct mediation sessions by phone, FaceTime or other platforms – contact CRG for details.
Learning how to use Zoom:
To do online mediations with TCRG, we need to ensure that CRG mediators be able to complete certain key tasks within Zoom (how-to links from Zoom included in parentheses):
Before you begin your first online mediation case, your Case Coordinator will ask that you demonstrate your familiarity with the key tasks listed above by scheduling a brief Zoom meeting with a Case Coordinator or other CRG staff member to demonstrate and/or talk through the functions listed above. We will reach out to you with possible times to schedule these meetings. We will be tracking as mediators complete these orientations.
Practice is important … have a conversation with a friend, schedule a video call with a fellow mediator or case coordinator, consider taking roleplays to the web, have fun! We also hope to set up/support some Zoom roleplay sessions for practice (and these will count towards SJC continuing education credits). Familiarization with a new technology takes time and patience, but is the best place to start. Please speak to your Case Coordinator if you need help getting started, identifying resources, setting up practice sessions, etc.
Some people are just learning how to use Zoom and other platforms, and may initially not feel very comfortable with this way of talking together – you need to be familiar enough with the platform to be able to support parties participating in the process who may not have experience with Zoom or the online world.
Learning how to use Zoom:
To do online mediations with TCRG, we need to ensure that CRG mediators be able to complete certain key tasks within Zoom (how-to links from Zoom included in parentheses):
- Scheduling sessions, sending meeting invitations (Video 1min 7sec)
- Starting and joining a meeting (Overview of Starting/Joining a Meeting)
- Waiting room and admitting participants (Video 1min 10sec)
- Meeting controls (mute, chat, ending a session) (Video (10 min 16 sec)
- Use of whiteboard and annotation (Prerequisite Tech Requirements) (Setup & Tutorial)
- Managing Participants (Video 2 min 24 sec)
Before you begin your first online mediation case, your Case Coordinator will ask that you demonstrate your familiarity with the key tasks listed above by scheduling a brief Zoom meeting with a Case Coordinator or other CRG staff member to demonstrate and/or talk through the functions listed above. We will reach out to you with possible times to schedule these meetings. We will be tracking as mediators complete these orientations.
Practice is important … have a conversation with a friend, schedule a video call with a fellow mediator or case coordinator, consider taking roleplays to the web, have fun! We also hope to set up/support some Zoom roleplay sessions for practice (and these will count towards SJC continuing education credits). Familiarization with a new technology takes time and patience, but is the best place to start. Please speak to your Case Coordinator if you need help getting started, identifying resources, setting up practice sessions, etc.
Some people are just learning how to use Zoom and other platforms, and may initially not feel very comfortable with this way of talking together – you need to be familiar enough with the platform to be able to support parties participating in the process who may not have experience with Zoom or the online world.
Etiquette & Best Practices for Remote Mediation
- Check your technology: Before the session, check to be certain your equipment and any technologies you are going to use are functioning as expected. In the case of web-based platforms — many of which are frequently upgraded or changed — it is essential that you be familiar with the most recent version available. Take the time to review the control settings to ensure the features are working as expected. Check your browser to make sure you are running one supported by the platform and have the most updated version.
- Do sound and screen checks: With audio-enabled technologies, confirm that the parties can hear each other, and that you can hear them, at the time they join the session. Continue to monitor sound during the session. If you are using a web conferencing platform, check that the parties can see the screen or document you are expecting them to see.
- Pay attention to your introduction: It may be tempting to skip the usual preliminary steps because you are not in the same room with the parties. These steps are just as important as they are in traditional, face-to-face mediation. It is, for instance, equally important at this introductory stage to clearly communicate what the objectives are for the session, review the Agreement to Mediate document (in particular, remind parties of the confidentiality provisions in the Agreement to Mediate), the parameters of technology use, and establish the ground rules. Given the extremely distracting nature of background noise when using audio-enabled technologies, it may be particularly important to review rules relating to noise management. Similarly, remind parties of basic etiquette and best practices in using the technology, if appropriate. For example, when web conferencing, it may be helpful to remind parties to speak clearly, slow down or to not “talk over” each other. Always ask if anyone else is in the room or within hearing distance before beginning a session.
- Expect a familiarization period: For parties who have little or no previous experience with the technology, it may take several sessions to develop a comfort and familiarity with its features. It may, for example, be distracting — even disconcerting — for parties when they first see themselves in the self-view pane of a videoconferencing platform. Recognizing and openly addressing the fact that familiarization with a technology is a process which takes time can be a useful strategy for the mediator. In the same vein, it can be helpful to maintain a positive tone around the technology, including about any glitches that are experienced. Being open about the imperfections of technology and reminding parties about the availability of a backup plan in the event of difficulties can help increase parties’ comfort level during the familiarization period.
- Be courteous: The rules of courtesy that apply in face-to-face mediation are also applicable in distance mediation. It is important, for example, for the mediator to be respectful of the parties’ time, and to arrive early to greet them, particularly when using synchronous technologies such as teleconferencing or web conferencing. (An early arrival, as discussed elsewhere, also provides time to check whether your own equipment and the platform are functioning as expected.)
- Use your mediator’s toolbox: The classic mediator’s tools and strategies will likely be your most useful ones during distance joint sessions as well. For instance, it may be much easier to encourage parties to focus on a document — rather than on each other — when web conferencing than when they are face-to-face in the same room. The web conferencing environment may also make it easier for the mediator to observe the parties’ reactions while they are reviewing documents. On the other hand, some of the classic mediator’s tools are more challenging to use in distance mediation. For example, it is more difficult to ensure someone feels acknowledged from a distance, and this may require extra effort on your part. When using entirely audio-based media, it may be harder to “hear” — literally and figuratively — what parties are saying, and for parties to feel that they are being heard. It is essential in this regard to fully understand any audio-related idiosyncrasies or limitations of the technology, as well as your own “listening” capabilities when using it.
- Observe yourself: Make an extra effort to observe your personal presentation during the joint session. It is important — and also more difficult in distance mediation — to present yourself as ready and engaged, and you may need to convey your level of engagement by being more animated or dynamic. In teleconferencing, for example, be sure to vary your voice so as to avoid sounding disinterested or only partially present. Keep a careful eye on your own attention level. To avoid “mediator drift-off”, it may help to take notes (however, let the parties know if you do this, so they are not left with the impression you are engaged in another task). Remove temptations to multi-task, if possible. For instance, if web conferencing, close all open documents and applications — including email — on your computer, except for the ones you will be using during the mediation. When using video-enabled technology, remember that parties can see you at all times during the session. Remain aware of your physical presentation and, if possible, monitor yourself in the self-view panel. Ask yourself: Am I still framed properly in the video pane? Has the lighting changed? Watch your own body language: Am I conveying the message I intend to send by my posture and the direction of my gaze?
- Monitor the parties’ attention: Regularly and actively confirm that the parties are mentally present, engaged and understanding the discussions. If a party seems to be “drifting off”, solicit input, make queries, and summarize more often. As in traditional mediation, remember to take breaks if parties appear to be drifting, tired, or if the session is long. Be especially alert to the possibility that parties may be experiencing technology fatigue. Using technology for long periods of time can be mentally — and physically — very tiring, and may negatively impact both concentration and active participation in the process.
- Properly conclude the session: As with face-to-face mediations, offer an opportunity for final or closing comments at the conclusion of the session. Unless you and the parties agree that continuing would be beneficial, end the session promptly at the planned time. Make sure to close the browser and/or application before leaving computer.
- Follow up: Be diligent about following up with the parties and the Case Coordinator over the course of the mediation process with progress milestones, next session dates, and the usual required case paperwork. In an email or other document, confirm any areas of agreement or detail the steps the parties indicated they would take towards resolving their differences.
- Have a backup plan: It is not uncommon for technology to fail to perform as expected. Always have a well-developed backup plan in case the technology fails or the parties, or you, are unable to access or use it. For example, if you are web conferencing, get backup telephone numbers for the parties. Be sure to provide parties with your alternate contact information also.
* SOURCE: https://www.mediatebc.com/sites/default/files/Guidelines_Mediating-from-a-Distance-%28Second-edition%29_0.pdf
Session Summary Form (complete after every mediation session)
Parent Mediation Program (PMP) Forms
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Divorce & Family Case Forms
Hampden Probate
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| Hampden Mediator Assisted Separation Agreement - No Children |
| Hampden Mediator Assisted Separation Agreement - With Children |
| Hampden Mediator Assisted Separation Agreement (non-divorce) - With Children |
Franklin & Hampshire Probate
separation Agreement forms
| Mediator Assisted Separation Agreement - No Children |
| Mediator Assisted Agreement - Never Married or Post-Divorce |
| Mediator Assisted Separation Agreement - With Children |
Community Case Forms
| Agreement to Mediate (Community Cases) |
community case Evaluation Form
Please copy & send the following link to parties who have completed the mediation process:
https://form.jotform.com/202924580353151
FRSC
Agreement to Mediate Forms
Digital Agreement to Mediate by case type:
You can copy & paste the above link for the appropriate case type and share it with all mediation participants prior to the start of the first session. Once each party has signed and submitted the form, it will automatically be sent to CRG case coordinators. Make sure all mediators also sign and submit. Note: each party will sign their own version and therefore will not be signing a single version (this is ok).
- Divorce/Separation/Never-Married cases: https://form.jotform.com/202435380227045
- Community cases: https://form.jotform.com/203514945918159
- Housing Mediation Program cases: https://form.jotform.com/203515934992160
You can copy & paste the above link for the appropriate case type and share it with all mediation participants prior to the start of the first session. Once each party has signed and submitted the form, it will automatically be sent to CRG case coordinators. Make sure all mediators also sign and submit. Note: each party will sign their own version and therefore will not be signing a single version (this is ok).
To download a PDF version of Div/Separation/Never-Married Agreement to Mediate form:
To download a PDF version of Community Case Agreement to Mediate form:
To download a PDF version of Housing Mediation Program Agreement to Mediate form:
Housing Mediation Program