Online mediation allows parties, lawyers, experts and decision-makers to participate from different locations through secure video conferencing and electronic document systems.
Medi8.io is designed as an online-first mediation service. Remote participation is built into the process from the beginning rather than added as an afterthought.
Why conduct mediation online?
Online mediation can:
- make dates easier to arrange;
- avoid domestic and international travel;
- reduce venue and incidental costs;
- allow senior decision-makers to join when required;
- enable the participation of experts and insurers;
- accommodate parties in different countries;
- allow shorter preliminary meetings;
- reduce interruption to active projects and businesses;
- support the efficient use of electronic records.
Technology disputes are already documented and managed largely through digital systems. An online process often fits naturally with the way the relevant evidence and project teams operate.
How the online process works
Before the mediation, the parties will agree on:
- the video-conferencing platform;
- the identity of participants;
- the timetable;
- document arrangements;
- confidentiality expectations;
- private and joint meeting arrangements;
- any additional security requirements;
- how a settlement will be documented and signed.
The mediator may use separate virtual rooms so that each party can meet privately with its advisers and the mediator.
Participants can be brought together for joint discussions and then returned to private rooms as required.
Preliminary conferences
Preliminary conferences are ordinarily held separately with each party and its advisers.
These discussions may address:
- the history and present status of the dispute;
- the participants’ objectives;
- the people who should attend;
- any communication or accessibility needs;
- the mediation timetable;
- the principal documents;
- technical presentations or demonstrations;
- settlement authority;
- confidentiality and security;
- any concerns about the proposed process.
The preliminary stage allows the mediation to be designed around the dispute rather than requiring every matter to follow an identical format.
Documents and technical information
The parties will ordinarily provide concise mediation statements and an agreed or sensibly organised electronic bundle.
The objective is not to reproduce the entire court or arbitration file. The mediator should receive the information needed to understand the dispute and assist the negotiation.
Depending on the matter, useful material may include:
- the principal contract and statements of work;
- relevant specifications;
- a chronology;
- change-control records;
- key communications;
- project plans;
- invoices or payment schedules;
- technical summaries;
- expert reports;
- diagrams or demonstrations;
- a concise explanation of the outcome sought.
Large document sets should be searchable, indexed and logically arranged.
Confidentiality and security
Online mediation is conducted subject to the mediation agreement, applicable law and any additional confidentiality or information-security arrangements agreed by the parties.
Participants should:
- join from a private location;
- use secure devices and internet connections;
- avoid unauthorised recording;
- ensure no unauthorised person can hear or view the session;
- follow agreed document-handling requirements;
- advise the mediator promptly of any security concern.
Where highly sensitive technical material is involved, the parties may agree on additional controls, including restricted documents, limited access or separate expert sessions.
International participation and time zones
Online mediation allows parties in different countries to participate without selecting a physical venue.
Where time zones differ significantly, the process may be divided into shorter sessions or conducted over more than one day.
The timetable should allow meaningful participation by the relevant decision-makers rather than requiring everyone to remain online for an unnecessarily long continuous session.
When in-person mediation may be preferable
An in-person or hybrid process may be more suitable where:
- the number of participants makes online discussion difficult;
- the parties strongly prefer physical attendance;
- relationship dynamics require sustained face-to-face engagement;
- physical equipment or a site needs to be examined;
- communication difficulties cannot be managed effectively online;
- the mediation is likely to require several days of intensive negotiation.
The appropriate format can be considered during the preliminary stage.
Enquire about online mediation
Online appointments are accepted throughout New Zealand and internationally.
