ATTENDEE PACKET "A Conversation with Chris Nolland" - ASSOCIATION OF ATTORNEY-MEDIATORS
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ASSOCIATION OF ATTORNEY- MEDIATORS
“A Conversation with Chris Nolland”
Friday, January 15, 2021
Live Online Webinar
ATTENDEE PACKET
1Association of Attorney-Mediators
January 15, 2021
Live Online Webinar
TABLE OF CONTENTS
Agenda Page 3
MCLE Information Page 4
Speaker Bio Page 6
Housekeeping Items Page 7
Presentation Handouts: Pages 8-16
Zoom FUBAR CLE Paper
Presentation Handout: Pages 17-19
Zoom Mediation Resource Guide
2ASSOCIATION OF ATTORNEY-MEDIATORS
Webinar – A Conversation with Chris Nolland
January 15, 2021
On January 15, 2021, from 11:30 a.m. to 1:00 p.m., the Association of Attorney-Mediators will
be presenting a webinar, “A Conversation with Chris Nolland”. During the webinar, Chris will
address the current state of mediation and unique issues facing our profession as we continue
to evolve during these challenging times.
The discussion is intended to be extremely interactive and will include discussions and
strategies about the most effective and best practices in our changing mediation world, remote
mediation challenges and opportunities, and thoughts on what permanent changes the
pandemic has brought to the mediation community and its constituents – lawyers, clients, and
the Courts – all of whom we serve. There will be a significant emphasis on ethical issues.
Agenda
11:30-11:35 Welcome and Introduction of Chris Nolland
Jimmy Lawson, Moderator and AAM National President
11:35-1:00 Discussion of best practices, challenges and ethical issues in today’s changing
mediation world. This time will be interactive with various opportunities for the
attendees to engage with the speaker.
ASSOCIATION OF ATTORNEY-MEDIATORS
P O BOX 741955 / DALLAS, TEXAS 75374-1955 /PHONE: 800-280-1368 /972-669-8101 / FAX: 972-669-8180
Website: www.attorney-mediators.org / Email: aam@attorney-mediators.org
3Association of Attorney-Mediators
January 15, 2021
Live Online Webinar
Certificates of Attendance will be sent via email to each attendee after the seminar ends.
Please complete an online evaluation form to provide an understanding of the benefit of
today’s seminar and help us continue to meet the needs of our Members. A link to the
evaluation form will be emailed to you in a post-event email. You may also click here to
access the online evaluation form: 1.15.21 Seminar Evaluation Form
MCLE Information:
For the most up-to-date MCLE information, please visit the AAM website by clicking here:
https://attorney-mediators.org/page-1813372
Arkansas: CME Application Pending
Arkansas CLE: Approved for 1.5 general hours
Arizona: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory
Continuing Legal Education requirement. This activity may qualify for up to 1.5 hours toward your
annual CLE requirement for the State Bar of Arizona, including 0.5 hour(s) of professional
responsibility.
California: Application Pending
Illinois: Approved for 1.50 Illinois MCLE general credit hours and 0.50 hours professional
responsibility credit
Kansas CLE: Application Pending
Kansas CDRE: Approved 1.8 hours/.5 ethics hours
Kentucky: Application Pending
Louisiana: Application Pending
Missouri: Approved 1.8 total hours, including 0.6 ethics hours
Mississippi: Application Pending
Tennessee CLE: Approved 1.5 dual hours
Tennessee CME: Approved 1.5 total hours (Up to 1.5 Mediation and .5 Mediation Ethics)
Texas: Approved 1.5 total hours, including .50 ethics hours
4Association of Attorney-Mediators
Attorney-Mediator CLE
Dallas, Texas
January 15, 2021
A Conversation with Chris Nolland
An interactive discussion of the current state of mediation and the unique issues facing our
profession as we continue to evolve during these challenging times as well as immutable best
mediation practices applicable now and when we return to “normalcy”
Christopher Nolland
Attorney - Mediator
Dallas, Texas
5Christopher Nolland has been a mediator and arbitrator since
1993. He has conducted over 2,600 mediations and numerous
arbitrations, primarily in complex business and commercial matters and
fiduciary litigation. Mr. Nolland's mediation and arbitration practice
focuses on large, complex, multifaceted disputes. His mediation and
arbitration practice is national in scope.
Mr. Nolland is an Adjunct Professor of Law at SMU Law School
and for the past twenty-four years has taught a full semester course on
Negotiation to 2nd and 3rd year law students and LLM candidates.
After law school, Mr. Nolland served as an appellate law clerk
and thereafter practiced law in New York City with a major national firm
and in New York City and Dallas, Texas as a partner with a well-known national business litigation
firm. Mr. Nolland is admitted to practice in Texas and New York and numerous United States
Courts of Appeal and United States District Courts, as well as the United States Supreme Court.
Mr. Nolland is a member of the American College of Civil Trial Mediators, the National
Academy of Distinguished Neutrals, the Association of Attorney Mediators, and the ADR and
Litigation sections of National, State and Local Bar Associations. Mr. Nolland has been repeatedly
selected as one of the leading attorneys in Dallas and in Texas by Super Lawyers and Texas
Monthly (most recently, in 2020, as one of the Top 100 Lawyers in Texas), by D Magazine in their
annual and bi-annual surveys, and by US News and World Report in its annual selection of the
Best Lawyers in America.
In addition to his mediation practice, over the past 20 years Mr. Nolland has established a
national practice as Special Settlement Counsel, acting as the primary negotiator for one party in a
non-neutral role. Nolland has been engaged as Special Settlement Counsel in over 100
significant matters, primarily complex business and significant fiduciary disputes, including major
trust and probate litigation, director and officer litigation, professional liability, and partnership and
closely held business litigation, as well as significant insolvency and litigation trustee matters. His
Settlement Counsel practice has been the subject of numerous articles in leading legal and
business publications
In 2016, Mr. Nolland was named as a National ADR Champion by The National Law
Journal and was the recipient of the Steve Brutsché Award from the national Association of
Attorney Mediators (it’s highest honor). In 2018, he received the Justice Frank Evans Award from
the ADR Section of the State Bar of Texas for excellence in the field of Alternate Dispute
Resolution. He was named by Chambers as a leading Nationwide Mediator in 2017, 2018, 2019,
and 2020. In 2019 Texas Lawyer named Mr. Nolland a Texas Trailblazer for his creation of a new
legal practice area - acting as Special Settlement Counsel to clients in major litigation.
Law Offices of Christopher Nolland
1717 Main Street, Suite 5550
Dallas, TX 75201
Phone: 214-653-4360
Fax: 214-653-4343
Email: chris@nolland.com
6Association of Attorney-Mediators
January 15, 2021
Live Online Webinar
HOUSEKEEPING ITEMS
ATTENDANCE TRACKING AND INTERACTIVITY METHODS
To comply with state CLE/CME requirements, attendance will be tracked based on meeting
attendance timestamps. Interactivity methods such as polling, Q&A and chat will be implemented to
ensure audience engagement and comply with live online CLE/CME course requirements.
Two Verification Prompts will be given throughout the session. Please write down these prompts
as you see them appear on-screen or hear them spoken. You will need to report all prompts on
the Record of Attendance Sign-In Form in order to receive credit for attending. (Some states do not
require this verification and you may write “N/A” on your form if this does not apply to you)
The Speaker may utilize polling to engage with the audience during their presentations. Please
participate so that the session may be interactive.
RECORD OF ATTENDANCE
You will need to complete a Record of Attendance Sign-In Form in order to receive credit for
attending. You may access the form here: Record of Attendance Sign-In Form. A link to the form will
also be included in the email sent before and after the seminar.
EVALUATION FORM
Please complete an online evaluation form to provide an understanding of the benefit of today’s
seminar and also help us continue to meet the needs of our Members. A link to the evaluation form
will be emailed to you in a post-event email. You may also click here to access the online evaluation
form: 1.15.21 Seminar Evaluation Form
CERTIFICATES OF ATTENDANCE
Certificates of Attendance will be sent via email to each attendee after the seminar ends, and where
applicable, your attendance will be reported by AAM (course provider) to your state bar/CME Boards.
For CLE/CME self-reporting documentation not provided in the course materials, please email
aam@attorney-mediators.org with your specific request.
QUESTIONS?
Email Allison Ellis, Executive Director, at aam@attorney-mediators.org or call the AAM Office at 972-
669-8101 or 1-800-280-1368.
Thank you for attending!
7HOW TO SCREW UP A MEDIATION
IN OUR BRAVE NEW WORLD
A/K/A FUBAR ZOOM MEDIATION*
A FIELD GUIDE FOR MEDIATORS
CHRISTOPHER NOLLAND
ATTORNEY - NEGOTIATION COUNSEL - MEDIATOR
1717 MAIN STREET, SUITE 5550
DALLAS, TEXAS 75201
TELEPHONE: (214) 653-4360
FACSIMILE: (214) 653-4343
chris@nolland.com
* “FOULED” UP BEYOND ALL RECOGNITION
©2021 Christopher Nolland. Permission granted to reproduce and distribute in whole or in part with authorship
attribution.
1
8Almost all cases that are not resolved by dispositive motion will likely be mediated. Indeed,
many disputes are now mediated even before litigation is filed. We, as mediators, are at the core of
this process. Our actions or omissions are often the difference between success, failure, or worse. We
face even more challenges in the Brave New World of remote mediation, social distancing, the
inability or unwillingness of participants to travel, and the “work form home” dynamic.
This somewhat “tongue in cheek” white paper* will address how you can mess up the
mediation, for you, the lawyers, and their clients. Following these guidelines will help ensure
(1) a poor result – indeed, you may even make things worse;
(2) missed opportunities to make a difference for the parties;
(3) unhappy lawyers - your target client market;
(4) the disdain of the participants;
(5) developing a reputation as a “phone-it-in” mediator - with the inevitable negative
marketing, practice development, and financial impact;
(6) knowing deep down that you could have done better; and
(7) losing control of the process because of failures to implement best tech practices.
THE AUTHOR
Christopher Nolland has been a mediator and arbitrator since 1993. He has conducted over 2,700
mediations and numerous arbitrations, primarily in business and commercial matters and fiduciary
cases. Nolland's mediation and arbitration practice is national in scope and focuses on large, complex,
multifaceted disputes.
Nolland is an Adjunct Professor of Law at SMU Law School and for the past 25 years has taught a
full semester course on Negotiation to 2 nd and 3rd year law students and LLM candidates.
In addition to his neutral ADR practice, over the past 20 years Nolland has established a national
practice as Special Negotiation Counsel in significant, complex disputes and litigation, acting as the
primary negotiator and point person for settlement strategy on behalf of one party (in a non-neutral
role). Nolland’s Special Negotiation Counsel activities account for a substantial portion of his
practice. In that role Nolland is typically the primary point of contact with the mediator.
*This paper is an updated/revised version of FUBAR Mediation, A Field Guide for Mediators to
address remote mediation issues. It is a companion piece to FUBAR Mediation, A Field Guide
for Lawyers. A copy is available from the author.
2
9Remote Mediations Provide New and Outstanding Opportunities to
Mess Up Your Mediations !
1. Don’t Make Sure You And The Participants Can Fluidly Navigate and Use Zoom
No need to practice and update your Zoom skills. You can easily figure things out “on
the fly”. This tech stuff is really intuitive and the participants, who are paying you
good money, will understand that you can’t be expected to have invested the time and
energy to know how every little thing works. They’ll be just fine with you learning it
“on their dime” and while they pay for their lawyers’ time. Plus it will likely be a
bonding experience for you all to learn new things together.
Let the participants fend for themselves. If counsel needs help learning to use and
navigate Zoom features such as using Screen Share, whiteboards, Gallery and Speaker
views and the like they should figure it out or can find some online tutorials. After all,
you did so and you also walked to school 12 miles in the snow in your youth and it
didn’t hurt you one bit. You’re not here to be their Zoom coach. They need to learn
self-reliance and to take the initiative - not to leech off the generosity of strangers (or
one who will soon be as stranger!).
Don’t offer to speak with counsel before the mediation to make sure they can access
and use Zoom features, answer any logistical questions, address any privacy concerns
and how breakout rooms work, etc. You can just do it on the day of the mediation,
waste some time, and have counsel look like they are fumbling around in front of their
client.
Don’t send counsel and the other participants any written materials you have to help
with their Zoom technical or similar questions. Why make it easy for them to have an
easily accessible technical reference guide they can send to clients unfamiliar with
Zoom. After all, there are those tutorials mentioned above that are available on the
internet. They can do a Google search on their own. It will help them keep in mind the
self-reliance quality mentioned above.
Don’t send the Zoom link to counsel until the morning of the mediation. That way
everyone can be kept in the dark and the searching their email for the Zoom link that
wasn’t sent and you increase the potential for a communication or other glitch
between the lawyers and their counsel. A little anxiety will also keep everyone on
their toes.
3
102. Don’t Worry Too Much About Security and Confidentiality - It Will Probably All Work
Out For The Best
Use your personal Zoom link with the same password for every mediation rather than
generating a new link and password. That way, anyone who has ever mediated with
you remotely can intentionally or accidentally barge into the mediation session. Talk
about fun stuff and a great story for the grandkids. Make sure not to enable the
“Waiting Room”function - this allows even easier access for the uninvited to join the
Zoom meeting.
Don’t disable the recording function. It will be great to let folks record and then play
the other side’s mediation presentation to the Court or other tribunal or, even better,
maybe post it on the internet. How cool would that be! Of course, don’t give any
thought to reminding participants they can’t record or take pictures of the screen with
their phone or other devices and neglect to add that provision to the mediation
agreement counsel and the participants sign in advance of the mediation.
Leave the chat feature enabled. That way when one side sends out a chat message
intended for just their group and it accidentally is sent to the opposing side you can
be the hero and jump in to calm everyone down and save the day. Of course, if that
inopportune chat message blows up the mediation it’s their fault not yours.
Don’t worry about being on a secure network or in a non-public venue. Really, no one
in Starbucks or on their public wifi would be interested in the mediation or try to
overhear what was being said and those pesky Russian hackers have better things to
do.
3. Don’t Have Robust Tech Capabilities Or Solid And Easy To Implement Back Up Plans
In The Event Of A Tech Failure
An internet outage, a short power outage, computer crash, or hard drive failure hardly
ever happens. People are very understanding and forgiving when tech “glitches”
happen and derails the mediation even if easily preventable or worked around with a
backup plan. The following easy, relatively inexpensive, and effective tech planning,
fixes, and workarounds are only for worrywarts:
-- Don’t plug your ISP modem, router, network switch, desktop computer or
laptop, into an UPS battery power supply backup so that a temporary power
outage of a few minutes or a power surge won’t crash your critical devices;
-- Don’t have an alternative internet connection to switch to if your regular
internet goes down. It’s way too much trouble to take the 15 minutes to learn
how to use you phone as a wifi hotspot that can allow your computer to
connect to the internet over the cellular network. Of course, you shouldn’t
speak with a trusted neighbor and exchange passwords for each other’s secure
guest or primary wifi for emergency use;
-- Don’t get everyone’s phone numbers and provide yours at the beginning of the
mediation so you can communicate if there is a internet break down;
-- Don’t spend the relatively little money needed to have a spare laptop fully
4
11configured and loaded with the Zoom app in case there is a computer hardware
failure;
-- Don’t upgrade your internet to a faster service, especially if your family
members are also using the same internet connection for their own Zoom
meetings, school, or a gaming marathon;
-- Don’t invest in a newer computer with decent speed and other devices with
higher end tech specs. A high quality separate camera will almost always have
a better camera and built-in microphone than is typically found in all but the
newest high end laptops. A few extra dollars spent on a great camera and
microphone can make a huge difference in the video and audio quality -
literally a difference in the image you project. Why spend even the few bucks
required to look (and be) more professional.
Don’t Get So Caught Up In The Technology That You Lose Sight Of
More Traditional Ways To Mess Up Your Mediations
4. Don’t Press for And Study Mediation Submissions.
Counsel and the parties can easily explain at the mediation all of the details, dynamics,
and factual, substantive, procedural, and evidentiary issues in a case which has been
litigated for 2 - 3 years, involving millions of documents and scores of depositions.
If pre-mediation statements are provided, just give them the “once over.” After all,
its just lawyer BS, isn’t it?
If it is a particularly complex mediation be especially careful not to:
– fully understand the substantive issues of the case,
– get up to speed on the procedural posture of the case,
– find out about any special circumstances which may affect the mediation,
– figure out any client control or client expectation issues,
– determine whether or not there is an unbalanced view by one or both parties
(or counsel) about weaknesses or problems with their case.
• Under no circumstances consider meeting with or having a pre-mediation Zoom
conference with the lawyers (or their clients), even where it might be helpful to
explain the dynamics or any delicate client issues. This also provides an opportunity
to work through any tech issues or questions.
5
125. Don't Explain To the Non-Lawyer Participants the Mediator’s Role
• They don’t need to know about any of the following:
– mediator is not a judge or arbitrator — will not make a decision
– the likely value of an opening or joint session
– the dynamics of private caucuses with the mediator
– mediation protections and confidentiality
• There is no need to explain that the mediator’s role is:
– to settle the case
– to create and keep momentum
– to change people’s perspective about the case
– to determine the parties’ true views about the case
– to be the voice or reason and objectivity and sometimes to call BS, even if it
is not very palatable for them to hear it
6. Don’t Think In Advance About How to Best Use the Following Mediator Techniques:
Developing a friendly relationship with the parties
Get people talking and look for verbal leaks or verbal cues
Carefully read body language for non-verbal cues
Make statements to see what reaction or lack of reaction is engendered
Find out who are the “hawks” and “doves” in the room and whether there are
differences of opinion in the group
Determine practical economic issues of the parties or counsel
Understand any insurance issues, including coverage, reservation of rights, self-
insured retention, primary and excess limits, and the like
7. Don’t Inquire About Participants’ Logistical Issues – after all, this is not kindergarten.
Even the most inexperienced, unsophisticated, and unbalanced non-lawyer client should
intuitively know:
They should plan on a long day and make sure they have no commitments that
evening.
That if there are others that need to be consulted, to make sure they have their day
time and evening telephone numbers
The need to be patient — that mediation is a process and that trying to rush increases
the chance of failure
That even if the case does not settle that day, the mediation is not wasted. This is an
opportunity to obtain and give a lot of information and may well lay the foundation
for a future settlement
To be prepared for lots of “down time”
6
138. The Joint Session, and the Opening Statement.
• Always skip the joint session as a matter of course. Let’s not waste time! Let’s get
it on! No point in getting everyone “in the mood.” We can just stick the parties
immediately in separate conference rooms and let them stew and keep their thoughts
to themselves while you are in the other room. This approach:
– ensures the parties will not have a chance to jointly develop rapport and trust
with you together in the same physical or virtual room.
– guarantees the participants can’t articulate their concerns and perspective
directly to one another, perhaps for the first time.
– reinforces to the parties that (a) they need not care what the other side thinks;
(b) they aren’t going to hear anything they don’t already know; (c) insights
into their opposite’s thought process and perspective won’t be useful.; and (d)
after all, the only thing that’s even marginally relevant to the mediation and
settlement is what they want and their one-sided view of the case.
• Don’t use opening comments in a joint session to get commitment from the parties
and counsel that you can draw on later in the day to prevent or forestall an impasse.
• Don’t use your comments in the joint session to demonstrate that you know the case,
are organized, and have read all of the pre-mediation materials. It’s better to keep all
that a mystery – or better yet not to do it at all.
• Don’t bother to listen carefully to each side’s opening statement, much less take notes,
pick up on body language, non-verbal cues, or the like.
9. Party Representatives.
• Give no thought to making sure in advance that the parties bring the right client
representative – the person(s) with practical decision-making authority. There is no
need to ask counsel to let you and the other side know in advance who will attend the
mediation. Let’s make it a surprise when the assistant to the summer intern shows up
as the party representative.
• Don’t mention to the participants the need to arrange to have any remote decision
makers or influencers available by phone or Zoom. It’s too much bother to suggest
they take a few minutes to have the parties get cell and home telephone numbers in
case the mediation goes late into the evening. Much better for everyone to be sitting
around waiting for non-attendees to return a voice message, email, or text after they
finish dinner or a movie.
• Make sure you have personal scheduling conflicts which require you to leave the
mediation by early evening. This will ensure you need not deal with an epiphany or
breakthrough or settlement opportunity which presents itself late in the day. Of
course, don’t tell the participants about your time constraints until late in the day. If
there’s an early impasse they will never even know of your schedule issues!
7
1410. Don’t Encourage Counsel To Use Mediation as an Opportunity to Evaluate (or Re-
evaluate) Their Client’s Case and Educate the Client.
• There will come a better time for them to tell their client that the case which was a
“sure winner” when they were pitching for the business and sending fulsome bills may
have a few warts after all. Why encourage them to take advantage of this natural
platform and event to review the case development, its current strengths or
weaknesses, and practical economic issues and to use the mediator to help facilitate
the re-evaluation?
• Don’t encourage counsel to use your help with client control or expectation issues,
with insurance carrier issues, a cost-benefit analysis of continued litigation, or other
sensitive matters.
11. Don’t Prepare in Advance To Address the Legal, Factual, and Practical Arguments and
Counter-Arguments to Issues that Will Likely Come Up During the Mediation.
• After all if you wanted to think deeply about legal or litigation issues, you would still
be a lawyer or judge.
• It’s more fun to be spontaneous and extemporaneous.
• Don’t read in advance important materials (pleadings, court rulings and orders, legal
authority, contracts, deposition and hearing transcripts, “hot” documents, etc.). Time
enough at the mediation proper.
12. Why Bother To Take Good Notes at the Mediation?
• Who cares about the parties’ opening comments?
• Having good notes about what happened at the mediation won’t be useful in future
mediation efforts or if there is an issue about what happened at the mediation or when
formulating a Mediator’s Proposal.
• Even actual settlement offers and counters need not be memorialized, especially when
there are complex, multi-faceted issues. You have a great memory and your
handwriting is lousy anyway.
• You can easily keep straight in your head what the parties ask you to keep
confidential. It’s pretty much common sense, isn’t it?
13. End the Mediation Abruptly and Without Warning Once You Decide It’s “Not
Happening Today.”
Let or tell one side to leave without informing the other group. That way it is a fait
accompli.
Communicate by your words, actions, body language and demeanor that further efforts
are fruitless. After all, you can predict the future so why waste everyone’s time.
8
15Don’t even think about getting counsel or the principals together to brainstorm and try
to jumpstart or re-start the mediation process before concluding there is an impasse.
14. Think of the Mediation as an Isolated Event Rather Than Part of a Process.
A dispute that has been festering for years can surely be resolved in 8 to 10 hours.
Why try to take the time to lay the foundation for a future settlement?
15. Ignore Ethical Considerations.
• Why tell the parties about all of the settlement proposals by the other side? It will just
piss them off to hear stupid proposals.
16. Most Importantly, To Ensure Failure Don’t Follow Up.
If they want more of your stellar work they should come back for another mediation
(and another fee!)
Why should you have to do extra work because counsel and their clients were
unreasonable at the mediation?
Really, if you wanted to work really hard, take calls in the evening and on weekends,
and be available “above and beyond,” you would just practice law and make the big
bucks. You made a lifestyle decision and the parties and counsel should understand
the choice you made and understand that they just aren’t a priority, especially after
hours.
17. On Second Thought, Even More Importantly.
Just go through the motions and “phone it in”
Conclude it’s a successful mediation if you collected your fee and the check cleared
and there is no criticism- at least to your face
Give up – and let it show by attitude, body language, or by words and actions
Don’t “own” the mediation dynamic, the process, and the results
Too easily get to the point psychologically where it’s “obvious” (at least to you) that
there is nothing more to be done
Don’t care enough
C:\Users\chris\Desktop\Zoom CLEs\Association of AttorneyMediatorsAttorneyMediator CLEDallas.wpd
9
16ROSS W. STODDARD, III
ATTORNEY – MEDIATOR
5215 North O'Connor Blvd
Suite 1820
Irving, Texas 75039
StoddardRW@aol.com
Zoom Mediation Resource and Reference Guide/
Frequently Asked Questions
How do I get on Zoom?
Zoom is easy to learn – just click on the meeting ID provided in the mediator’s separate email
and select “join by computer,” although you may go to www.zoom.us and open an account and
download the desktop app at https://zoom.us/client/latest/Zoom.pkg. Importantly:
o For our purposes a free account is all you’ll need, although you don’t have to open an
account to participate.
o While you can log in through your browser using the Meeting ID and the Password
provided in advance of the mediation, the desktop app provides the strongest encryption
available.
How can I learn more?
o You can find Zoom tutorials at https://support.zoom.us/hc/en-us.
Why Zoom?
o It’s encrypted.
o It has capabilities we need to make our mediation successful:
• breakout rooms
• screen sharing
• whiteboards.
What kind of internet connection do I need to have?
o It must be fast, stable, and secure -- no coffee shop or public wifi.
o If you are experiencing problems with videos “catching,” try closing other apps on your
computer or others sharing your internet connection.
o If your connection continues to be unstable, mute your audio and then call in by phone
so some of the data for the meeting isn’t on your wifi network.
I can’t hear, or you can’t hear me. What do I do?
o If you’re having audio issues, make sure audio is not set to “off” or “mute” (a red slash
across the microphone icon at the bottom left corner of your zoom window) – scroll to
the popup bar at the bottom left corner of your zoom window – it looks like this:
o Make sure the correct microphone and speakers are selected by clicking on the “carrot”
to the right of the microphone icon. You may need to try each of the available
microphones and speakers until you find the ones that work.
o If you are using a separate mic, the source should be yours and not “the system”.
I can’t see you. What do I do?
o If you’re having video issues, make sure video is not set to “off” (a red slash across the
camera icon at the bottom left corner of your zoom window) – it looks like this:
17o Make sure the correct camera is selected by clicking on the “carrot” to the right of the
camera icon. You may need to try each of the available cameras until you find the one
that works.
How do I communicate with you privately?
o The Mediator will provide you with their cell number at the beginning of the mediation
so you can contact him/her directly and privately.
o If you need to speak with the Mediator privately during the mediation, or if you need to
suggest a restroom break or for some other reason, please text him/her.
o To quickly contact a mediator when you are in a breakout room, click the “Ask for Help”
button at the bottom of your screen.
What are your tips for success?
o Appearance
• Backlit participants are difficult to see – please face the light
• Be sure confidential information can’t be seen in the background.
• Turn off all notifications that reveal personal information.
• You may choose to share your screen during the mediation, so you
may want to clean up your computer’s desktop.
• Find a quiet area and be sure family members, pets, and others are aware you
shouldn’t be interrupted.
o Don’t talk over each other – Zoom only allows audio from one person at a time.
o Turn off all reminder buzzers, dings, etc. – but allow your phone to receive text
messages so you can communicate with the Mediator and with others in your group.
o Stay near your computer even when the Mediator has gone in the other room so you
will know when the Mediator returns to your breakout room.
Can I use my smartphone or my tablet?
o There are options to use Zoom smartphone and tablet apps and you may wish to
download those apps as a backup in case of technical difficulties.
o Participating on a desktop or laptop with a strong, secure internet connection will make
your experience much better.
How do breakout rooms work?
o A quick video at https://www.youtube.com/embed/jbPpdyn16sY?rel=0&autoplay=1
shows what breakout rooms look like.
o Soon after the beginning of mediation, the Mediator will usually put each client/counsel
group into a breakout room separate and apart from the opposing parties and counsel.
This breakout room is the equivalent of a private conference room – while you are in
your breakout room no one outside the room can hear any communications between
the parties and their counsel (including the Mediator unless he/she joins the meeting
and you see them on your screen). This room is where you most likely will spend the
majority of your mediation. The Mediator will shuttle between breakout rooms over the
course of the day.
o Note that for security reasons the Mediator may have disabled the chat feature. If you
need to communicate privately with anyone in your room, we suggest texting one
another on your cell phone. You can also communicate with the Mediator when he/she
is not in your room by sending him/her a text to their cell.
18Can I share a document or a presentation?
o Yes – the host (the Mediator) and with Mediator’s permission during the mediation (for
security reasons) any attendee can screen share by clicking the “Share Screen” icon. The
Mediator can help you with this feature during the mediation.
o A video at https://support.zoom.us/hc/en-us/articles/201362153-Sharing-your-
screen demonstrates how to use this feature.
o When enabled by the Mediator the screen share function allows participants to show
documents, PowerPoints, or other content on their computers to all participants in the
mediation or just their group in their breakout room.
Will you record our mediation?
o No. Under our Mediation Agreement no one may record the mediation.
Can you participate by phone?
o It’s better if everyone attends by video conference, but sometimes that isn’t possible.
• You can join the meeting as an audio participant only by dialing one of the
phone numbers listed on your invitation and then entering the Meeting ID
and password.
• Note that, if you participate by phone, it’s just like a conference call.
o Calling in can also serve as a “workaround” when internet connections become unstable
– simply mute your computer and call in while remaining on video.
How do I control my video and audio?
o The “Magic Toolbar” is at the bottom of your Zoom window and looks like this:
•
o If you pull your cursor to the bottom of the screen the Magic Toolbar will pop up. You
can lock the Magic Toolbar in place by clicking:
• The carrot to the right of Stop Video
• Video Settings
• Accessibility (on the bottom)
• Always show meeting controls
o You can mute your microphone by clicking on the microphone icon and can stop your
video from streaming by clicking on the camera icon. When the microphone is muted
or the video stopped you will see a red slash through the mic or camera icon. To unmute
or to re-start video streaming just click on the appropriate icon.
o You can change your view – see the upper right-hand corner of your screen
• Your Zoom screen features a choice to toggle between “speaker” and “gallery”
view. “Speaker view” shows the speaker, and “gallery view” shows all meeting
participants.
© 2020 John DeGroote, Chris Nolland, John Shipp, and Ross W. Stoddard, III. Permission granted to
use, copy, and distribute with author attribution. Last updated October 4, 2020. More information on the
authors can be found as follows: Christopher Nolland: https://www.texasneutrals.org/chris-nolland; John
Shipp: https://www.shippmediation.com; John DeGroote: https://degrootepartners.com/bio/; and Ross
Stoddard: https://www.linkedin.com/in/ross-w-stoddard-iii/.
Important Phone Numbers and Notes:
19You can also read
