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Remote ADR
Remote ADR - Means multiple people and parties "attending" ADR virtually (online) and at the same time. The ADR Practitioner and participants do not need to gather in one location; they can join the ADR session from their own homes or offices. The remote ADR experience is designed to mimic the face-to-face ADR as much as possible.
ADR Practitioner - ADR Practitioner represents a neutral third person and can include:
- Family Mediator
- Property Mediator
- Permanency Planning Mediator
- General Civil Mediator
- Settlement Conference Facilitator
- Alternative Dispute Resolution (ADR) Facilitator
ADR Session - An ADR session can include any of the following:
- Child Access Mediation
- Property Mediation
- Permanency Planning Mediation
- General Civil Mediation
- Settlement Conference
- Alternative Dispute Resolution (ADR) Conference
Scheduling Remote ADR:
- It is your responsibility to contact the ADR Practitioner at the telephone number and/or email address provided in the order.
- Schedule a date and time for a remote ADR session directly with the ADR Practitioner.
Technology Platform:
- Download and install the required software and/or app (if necessary) at least one day prior to your scheduled session. To do this, click on the invitation link provided by the ADR Practitioner. Please note that each ADR Practitioner may use different platforms (i.e. Zoom, doxy.me, etc.), therefore, be sure to consult with the ADR Practitioner if you are unsure. You can locate the ADR Practitioner’s contact information in the order referring you to mediation or a settlement conference.
- Try to become familiar with the remote platform in advance of your scheduled session.
Things to Consider:
- Make a list of any concerns or issues about your case that you want to discuss in mediation or the settlement conference.
- Identify a space where you can participate in remote ADR which is free from any distractions or interruptions. Make sure the space is private and only the individual(s) identified in the order are present.
Agreement to Mediate:
- The ADR Practitioner may send you an remote mediation agreement prior to the scheduled remote ADR session. Review and sign the Agreement to Mediate. Be sure to return the signed agreement to the ADR Practitioner prior to the scheduled session.
- The ADR Practitioners introduce themselves and explain the ADR process.
- Participants introduce themselves.
- The ADR Practitioners review the Agreement to Mediate, ensure all participants have signed it, and answer questions.
- Participants identify the issues to be discussed.
- ADR Practitioners help participants come up with solutions that work for everyone.
- ADR Practitioners summarize resolved issues.
- ADR Practitioners are a neutral third party and will guide discussions between parties
- Remote ADR is convenient because it allows you to appear and participate from your home.
- Participants may feel more comfortable appearing from home opposed to a more formal setting.
- There may be more flexibility in scheduling a date and time with the ADR Practitioner.
- Provides a no-contact environment in a post-COVID world, with the continued benefits of ADR.
ADR Practitioners may use varying technology platforms. Tutorials are available for the following platforms:
Zoom:
- Join a meeting: https://support.zoom.us/hc/en-us/articles/201362193-Joining-a-meeting
- Test computer or device audio: https://support.zoom.us/hc/en-us/articles/201362283-How-Do-I-Join-or-Test-My-Computer-Audio-
doxy.me:
- Join a meeting: https://help.doxy.me/en/articles/3751218-how-to-check-in-as-a-patient
- Test computer or device audio: https://doxy.me/precall-test
Google Meet:
- Join a meeting: https://support.google.com/a/users/answer/9850339
- Test computer or device audio: https://meet.google.com/
- Click on Setting in the upper right corner
There may be some technology platforms used by ADR Practitioners which are not listed. Make sure you check with the ADR Practitioner.
Using the Technology Platform During the ADR Session:
The ADR Practitioner will send each participant an e-mail meeting invitation.
- This e-mail meeting invitation will include the scheduled date and time of the ADR session, a hyperlink to join the meeting online, and possibly a unique meeting ID and password.
- If applicable, jot down the meeting ID and password ahead of time and have it available when logging into the ADR session.
- Plan to go into the meeting at least 10 minutes before your scheduled session to be sure the platform opens on your device and appears properly.
- It is important that you remain stationary and are not driving while participating in your ADR session, as the ADR Practitioner may need you to read or review documents during the session.
- Permit access to your camera and microphone for the duration of the ADR session.
- Ensure that your camera and microphone remain on throughout the ADR session.
Depending on the technology platform used by the ADR Practitioner, when entering the ADR session, you may be placed in a virtual waiting room.
- While in the waiting room, most technology platforms do not allow you to communicate with other participants.
- The ADR Practitioner will admit participants to the main ADR session room at the ADR session start time. The ADR Practitioner will only admit authorized participants.
Communication:
- Please try not to talk over each other during the ADR session. If you do, the technology platform may drop part of the communication. Let the person speaking finish before starting to speak.
- When not speaking, you may mute your microphone. Putting yourself on mute may also prevent background noise from interrupting what you or others can hear.
- If you are participating by phone and you receive a phone call:
- If you answer the phone call, the technology platform may disconnect. You will need to rejoin the ADR session.
- If you decline the call, you may need to readjust the volume on your phone.
- If multiple participants reside in the same household, it is best if each participant is in a different location, and on a different device. This avoids creating audio feedback and allows each participant to be seen separately on camera.
There may come a time when the ADR Practitioner will meet with each participant separately and confidentially. This is referred to as a caucus.
- In a caucus, the ADR Practitioner will alternate moving participants in and out of the waiting room during a caucus.
- The participant(s) remaining in the main session room will speak privately with the ADR
practitioner.
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The participant(s) in the waiting room will be unable to hear what is said in the main session room.
- After meeting with one participant, the ADR practitioner will switch the participants in and out of the waiting room and main session room to host a private conversation with the second participant(s).
- If a participant wishes to speak privately with their attorney or another participant, the ADR Practitioner be have the capability to assign those participants/attorneys to a private “Breakout Room.” Attendees in a Breakout Room cannot be seen or heard by other participants and the ADR Practitioner while in the breakout room.
Technology
You will need to verify that you have the necessary technology prior to participating in an ADR Session, which includes:
- Device (laptop, desktop, tablet, or other)
- Wi-Fi, Ethernet (hard-wired), or Cellular
- Strong Internet Connection
- Microphone
- Speakers
- Camera
You will need a secure internet connection for your computer or device.
- It is recommended that you do not use a public access Wi-Fi connection, such as those available in public spaces and businesses, as they are not secure and may put your information at risk.
Be sure to have a strong internet connection. Having enough bandwidth and speed is critical.
- To increase band width, reduce the number of devices using a router.
- Test the speed and dependability of your connection BEFORE the ADR session.
It is recommended that you participate in the remote ADR session from a laptop or desktop.
- The viewing screen is larger than on other devices.
- Smartphone and tablets may be used; however, may also present visibility challenges when reviewing documents, such as a settlement agreement, and when viewing the ADR Practitioner(s) and other participants on the screen.
Audio for Speaking (Microphone)
- The microphone on a recent model laptop or Smartphone should be sufficient.
- If not, you may need to use a plug-in microphone, headset or earbuds with a wired microphone, or dial-in separately using your phone to be heard during the meeting. However, be aware that moving your head or shoulders may introduce background noise through a corded microphone.
Audio for Listening (Speakers)
- The speakers on your laptop or desktop computer should be sufficient.
- You may use wireless or corded earbuds.
Video (Camera)
To be visible during your remote ADR session, you need to have a camera connected to your device.
- The camera on a recent model laptop or desktop, Smartphone or tablet, should be sufficient.
- If your desktop or other device does not have a camera, or if the video quality is not optimum, you can use a removable HD camera. You may also be able to plug in and use a smartphone (old or new) as a web camera.
- Keep in mind that when participating in a video conference, the area behind you is visible to the ADR Practitioner and other participants (e.g., room décor or sensitive documents).
- The use of virtual backgrounds can be distracting and are discouraged.
Notifications and Minimizing Distractions
- Turn off or put on silent any phones, tablets, or computers in the room that are not being used to access the remote ADR session.
- Disable any alert audible notifications while participating in the ADR session.
- Please refrain from texting, using social media, checking and responding to e-mail, using internet search engines, etc. during the remote ADR session.
Technology Failure Protocol
Despite best efforts, a remote ADR session may be interrupted for any number of reasons, including an Internet failure, a device failure, or an unexpected loss of cell phone service. Do not panic.
If an ADR session unexpectedly ends, please take the following steps:
- First try re-joining the session by going to the original e-mail and clicking on the hyperlink to re-establish the connection to the ADR session.
- If this does not resolve the issue, call the ADR Practitioner using your phone and participate as a teleconference instead of a video conference, assuming this feature is an available option. Refer to the call-in information in the original e-mail.
- If you are unable to call into the meeting, call the ADR Practitioner at the number listed in the order to inform the ADR Practitioner you are experiencing technical difficulty re-joining the remote ADR session.
- In the event of an absolute failure of technology, and where a conference call is not feasible, the ADR session will be postponed and rescheduled.
Privacy and Confidentiality
Use a quiet, private place free from distractions, including cell phones, TVs, and other people to participate in the remote ADR session.
- No one is permitted to be present in the remote ADR session who is not a party listed in the case, except by consent of all participants and the ADR Practitioner.
- The ADR Practitioner will admit only those participants who are authorized to participate in the remote ADR session.
- Unless agreed upon by all participant(s) and the ADR Practitioner in advance of the ADR session, no other individuals, other than those invited by the ADR practitioner, are permitted to be present and off camera.
- Don’t share the log-in information provided by the ADR Practitioner with anyone.
- If someone enters the room during the remote ADR session, immediately bring it to the attention of the ADR Practitioner.
- Do not directly or indirectly record and/or broadcast (transmit live) the ADR session. Ensure no one else records or broadcasts the session on your behalf.
- Do not screenshot the ADR session.