Assignment 1 Premediation Activities Cover Page Part 1 Draft

Assignment 1 Premediation Activitiescover Pagepart 1 Drafting An A

Overview: A premediation activity is signing an Agreement to Mediate. The sample Agreement to Mediate includes all the elements for a face-to-face session but does not account for online mediation. You are about to mediate your first online case next week and need to update or add to this agreement for online use. Instructions: After reading the required online readings, identify what new key language you would add or delete to adapt this Agreement to Mediate for the online mediation environment. The goal is to produce a revised agreement that reflects the online setting, ensuring it covers principles like confidentiality, security, and self-determination. Keep the content personalized and practical for your online session, making sure it is fully applicable and compliant with mediation principles.

Paper For Above instruction

The transition from traditional face-to-face mediation to online mediation necessitates careful revision and adaptation of existing agreements to address unique challenges and features of online environments. Mediation conducted virtually introduces new considerations around confidentiality, security, accessibility, and the participants' rights, which must be explicitly addressed in the agreement to ensure clarity, safety, and the integrity of the process.

The first fundamental change in the Agreement to Mediate for online sessions involves explicit language about the online platform being used. Since online mediation typically takes place via video conferencing tools, it is crucial to specify the platform, ensure that all parties are familiar with its operation, and acknowledge the inherent risks associated with digital communication. The agreement should state that the mediator will provide technical support, and all parties agree to participate using the devices and internet connections they control, accepting the risks related to connectivity issues and data security.

Second, confidentiality clauses require enhancement to address digital security. Unlike in-person conversations held in private rooms, online sessions are susceptible to unauthorized recording, hacking, or disruption. Therefore, the agreement must specify that all participants will maintain confidentiality, and explicitly prohibit recording without prior consent. It should also mention the use of secure, encrypted platforms and outline measures to protect digital data, such as password-protected meetings and secure storage of digital records. Participants should be warned that confidentiality is only as secure as their own electronic devices and connections.

Third, the agreement should incorporate provisions about technical disruptions and how they will be handled. For instance, if a participant loses connection, the agreement should stipulate the process to resume the session, including how and when parties will reconnect or reschedule if needed. This ensures that technical issues do not jeopardize the fairness or progress of mediation. Additionally, the document should mention that both parties have ensured their equipment is functioning correctly prior to the session to minimize disruptions.

Fourth, the agreement must clarify the ground rules for online behavior, including expectations about camera use, audio muting, and turn-taking. For example, all participants should be visible and fully clothed on camera unless otherwise agreed upon. Participants should mute microphones when not speaking to reduce background noise. These rules facilitate a respectful and productive environment akin to in-person mediation but adapted to the digital context.

Fifth, specific language should address the issue of record-keeping. Unlike in-person sessions where notes are often taken manually, online mediation can involve digital transcripts or recordings. The agreement should specify whether sessions will be recorded, who has access to these recordings, and whether the recording will be stored securely or deleted after the session. Participants must consent before any recording occurs, and the agreement should make clear that recordings are not admissible in court unless legally authorized.

Finally, the agreement must align with mediation principles such as self-determination, voluntary participation, and fairness. It should include language reaffirming that the mediator is neutral and that the process is voluntary, with both parties free to withdraw at any time. Additionally, the agreement should emphasize that all actions are undertaken to respect the parties’ autonomy and to promote a fair and equitable process, despite the physical distance imposed by online modalities.

In conclusion, updating the Agreement to Mediate for online sessions involves detailed modifications that explicitly address technology, security, confidentiality, participant rights, and procedures for handling disruptions. These amendments ensure that the online mediation is conducted ethically, securely, and effectively, maintaining the core principles of mediation while adapting to the digital environment.

References

• Girdwood, A. (2020). Online Dispute Resolution: Principles & Practice. Oxford University Press.
• Levine, R. (2018). Mediation and Online Dispute Resolution: Navigating the Digital Space. Harvard Negotiation Law Review, 23(2), 125–169.
• Moore, C. W. (2014). The Mediation Process: Practical Strategies for Resolving Conflict. Jossey-Bass.
• Walsh, P. (2021). The Future of Mediation: Embracing Online Dispute Resolution. Journal of Conflict Resolution, 65(4), 703–724.
• British Columbia Mediation: Best Practices for Virtual Mediation. (2021). BC Ministry of Justice.
• Kim, K., & Lee, S. (2019). Digital Security in Online ADR Processes. International Journal of Law and Information Technology, 27(1), 1-24.
• National Center for State Courts. (2021). Guide to Conducting Online Mediation. NCSC.
• Salter, M. (2022). Confidentiality and Data Privacy in Online Dispute Resolution. Dispute Resolution Journal, 77(1), 45–53.
• Fisher, R., & Ury, W. (2011). Getting to Yes: Negotiating Agreement Without Giving In. Penguin Books.
• American Bar Association. (2020). Model Standards of Conduct for Mediators (Online Edition). ABA Publishing.