ASSOCIATION OF ATTORNEY- MEDIATORS

“A Conversation with Chris Nolland”Friday, January 15, 2021

Live Online Webinar

ATTENDEE PACKET

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Association 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

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ASSOCIATION 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

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mailto:aam@attorney-mediators.org

Association 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

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Association of Attorney-MediatorsAttorney-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 ourprofession as we continue to evolve during these challenging times as well as immutable bestmediation practices applicable now and when we return to “normalcy”

Christopher NollandAttorney - MediatorDallas, Texas

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Christopher 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

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mailto:chris@nolland.com

Association 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!

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HOW TO SCREW UP A MEDIATIONIN OUR BRAVE NEW WORLD

A/K/A FUBAR ZOOM MEDIATION*A FIELD GUIDE FOR MEDIATORS

CHRISTOPHER NOLLANDATTORNEY - NEGOTIATION COUNSEL - MEDIATOR

1717 MAIN STREET, SUITE 5550DALLAS, TEXAS 75201

TELEPHONE: (214) 653-4360FACSIMILE: (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 authorshipattribution.

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Almost 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 ofthis process. Our actions or omissions are often the difference between success, failure, or worse. Weface even more challenges in the Brave New World of remote mediation, social distancing, theinability 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 themediation, 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 negativemarketing, 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 2,700mediations and numerous arbitrations, primarily in business and commercial matters and fiduciarycases. 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 afull semester course on Negotiation to 2nd and 3rd year law students and LLM candidates.

In addition to his neutral ADR practice, over the past 20 years Nolland has established a nationalpractice as Special Negotiation Counsel in significant, complex disputes and litigation, acting as theprimary negotiator and point person for settlement strategy on behalf of one party (in a non-neutralrole). Nolland’s Special Negotiation Counsel activities account for a substantial portion of hispractice. 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 toaddress remote mediation issues. It is a companion piece to FUBAR Mediation, A Field Guidefor Lawyers. A copy is available from the author.

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Remote Mediations Provide New and Outstanding Opportunities toMess 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 “onthe fly”. This tech stuff is really intuitive and the participants, who are paying yougood money, will understand that you can’t be expected to have invested the time andenergy 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 abonding experience for you all to learn new things together.

Let the participants fend for themselves. If counsel needs help learning to use andnavigate Zoom features such as using Screen Share, whiteboards, Gallery and Speakerviews 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 itdidn’t hurt you one bit. You’re not here to be their Zoom coach. They need to learnself-reliance and to take the initiative - not to leech off the generosity of strangers (orone who will soon be as stranger!).

Don’t offer to speak with counsel before the mediation to make sure they can accessand use Zoom features, answer any logistical questions, address any privacy concernsand 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 theirclient.

Don’t send counsel and the other participants any written materials you have to helpwith their Zoom technical or similar questions. Why make it easy for them to have aneasily accessible technical reference guide they can send to clients unfamiliar withZoom. After all, there are those tutorials mentioned above that are available on theinternet. They can do a Google search on their own. It will help them keep in mind theself-reliance quality mentioned above.

Don’t send the Zoom link to counsel until the morning of the mediation. That wayeveryone can be kept in the dark and the searching their email for the Zoom link thatwasn’t sent and you increase the potential for a communication or other glitchbetween the lawyers and their counsel. A little anxiety will also keep everyone ontheir toes.

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2. Don’t Worry Too Much About Security and Confidentiality - It Will Probably All WorkOut For The Best

Use your personal Zoom link with the same password for every mediation rather thangenerating a new link and password. That way, anyone who has ever mediated withyou remotely can intentionally or accidentally barge into the mediation session. Talkabout 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 theZoom meeting.

Don’t disable the recording function. It will be great to let folks record and then playthe 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 anythought to reminding participants they can’t record or take pictures of the screen withtheir phone or other devices and neglect to add that provision to the mediationagreement counsel and the participants sign in advance of the mediation.

Leave the chat feature enabled. That way when one side sends out a chat messageintended for just their group and it accidentally is sent to the opposing side you canbe the hero and jump in to calm everyone down and save the day. Of course, if thatinopportune 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 onein Starbucks or on their public wifi would be interested in the mediation or try tooverhear what was being said and those pesky Russian hackers have better things todo.

3. Don’t Have Robust Tech Capabilities Or Solid And Easy To Implement Back Up PlansIn The Event Of A Tech Failure

An internet outage, a short power outage, computer crash, or hard drive failure hardlyever happens. People are very understanding and forgiving when tech “glitches”happen and derails the mediation even if easily preventable or worked around with abackup 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 orlaptop, into an UPS battery power supply backup so that a temporary poweroutage 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 regularinternet goes down. It’s way too much trouble to take the 15 minutes to learnhow to use you phone as a wifi hotspot that can allow your computer toconnect to the internet over the cellular network. Of course, you shouldn’tspeak with a trusted neighbor and exchange passwords for each other’s secureguest or primary wifi for emergency use;

-- Don’t get everyone’s phone numbers and provide yours at the beginning of themediation 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

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configured and loaded with the Zoom app in case there is a computer hardwarefailure;

-- Don’t upgrade your internet to a faster service, especially if your familymembers are also using the same internet connection for their own Zoommeetings, 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 havea better camera and built-in microphone than is typically found in all but thenewest high end laptops. A few extra dollars spent on a great camera andmicrophone can make a huge difference in the video and audio quality -literally a difference in the image you project. Why spend even the few bucksrequired to look (and be) more professional.

Don’t Get So Caught Up In The Technology That You Lose Sight OfMore 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 beenlitigated 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 Zoomconference with the lawyers (or their clients), even where it might be helpful toexplain the dynamics or any delicate client issues. This also provides an opportunityto work through any tech issues or questions.

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5. 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 partiesGet people talking and look for verbal leaks or verbal cuesCarefully read body language for non-verbal cuesMake statements to see what reaction or lack of reaction is engenderedFind out who are the “hawks” and “doves” in the room and whether there aredifferences of opinion in the groupDetermine practical economic issues of the parties or counselUnderstand 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 shouldintuitively know:

They should plan on a long day and make sure they have no commitments thatevening.That if there are others that need to be consulted, to make sure they have their daytime and evening telephone numbersThe need to be patient — that mediation is a process and that trying to rush increasesthe chance of failureThat even if the case does not settle that day, the mediation is not wasted. This is anopportunity to obtain and give a lot of information and may well lay the foundationfor a future settlementTo be prepared for lots of “down time”

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8. The Joint Session, and the Opening Statement.

• Always skip the joint session as a matter of course. Let’s not waste time! Let’s getit on! No point in getting everyone “in the mood.” We can just stick the partiesimmediately in separate conference rooms and let them stew and keep their thoughtsto themselves while you are in the other room. This approach:

– ensures the parties will not have a chance to jointly develop rapport and trustwith you together in the same physical or virtual room.

– guarantees the participants can’t articulate their concerns and perspectivedirectly 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) insightsinto 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 andsettlement 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 partiesand 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 allthat 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 clientrepresentative – the person(s) with practical decision-making authority. There is noneed to ask counsel to let you and the other side know in advance who will attend themediation. Let’s make it a surprise when the assistant to the summer intern shows upas the party representative.

• Don’t mention to the participants the need to arrange to have any remote decisionmakers or influencers available by phone or Zoom. It’s too much bother to suggestthey take a few minutes to have the parties get cell and home telephone numbers incase the mediation goes late into the evening. Much better for everyone to be sittingaround waiting for non-attendees to return a voice message, email, or text after theyfinish dinner or a movie.

• Make sure you have personal scheduling conflicts which require you to leave themediation by early evening. This will ensure you need not deal with an epiphany orbreakthrough or settlement opportunity which presents itself late in the day. Ofcourse, don’t tell the participants about your time constraints until late in the day. Ifthere’s an early impasse they will never even know of your schedule issues!

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10. 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 mayhave a few warts after all. Why encourage them to take advantage of this naturalplatform and event to review the case development, its current strengths orweaknesses, and practical economic issues and to use the mediator to help facilitatethe 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 othersensitive matters.

11. Don’t Prepare in Advance To Address the Legal, Factual, and Practical Arguments andCounter-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 stillbe 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, legalauthority, contracts, deposition and hearing transcripts, “hot” documents, etc.). Timeenough 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 futuremediation efforts or if there is an issue about what happened at the mediation or whenformulating a Mediator’s Proposal.

• Even actual settlement offers and counters need not be memorialized, especially whenthere are complex, multi-faceted issues. You have a great memory and yourhandwriting is lousy anyway.

• You can easily keep straight in your head what the parties ask you to keepconfidential. It’s pretty much common sense, isn’t it?

13. End the Mediation Abruptly and Without Warning Once You Decide It’s “NotHappening Today.”

Let or tell one side to leave without informing the other group. That way it is a faitaccompli.

Communicate by your words, actions, body language and demeanor that further effortsare fruitless. After all, you can predict the future so why waste everyone’s time.

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Don’t even think about getting counsel or the principals together to brainstorm and tryto 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 justpiss 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 wereunreasonable 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 bigbucks. You made a lifestyle decision and the parties and counsel should understandthe choice you made and understand that they just aren’t a priority, especially afterhours.

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 clearedand there is no criticism- at least to your faceGive up – and let it show by attitude, body language, or by words and actionsDon’t “own” the mediation dynamic, the process, and the resultsToo easily get to the point psychologically where it’s “obvious” (at least to you) thatthere is nothing more to be doneDon’t care enough

C:\Users\chris\Desktop\Zoom CLEs\Association of AttorneyMediatorsAttorneyMediator CLEDallas.wpd

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ROSS W. STODDARD, III ATTORNEY – MEDIATOR 5215 North O'Connor Blvd

Suite 1820 Irving, Texas 75039

StoddardRW@aol.com

ZoomMediationResourceandReferenceGuide/FrequentlyAskedQuestions

HowdoIgetonZoom?

Zoomiseasytolearn–justclickonthemeetingIDprovidedinthemediator’sseparateemailandselect“joinbycomputer,”althoughyoumaygotowww.zoom.usandopenanaccountanddownloadthedesktopappathttps://zoom.us/client/latest/Zoom.pkg.Importantly:

o Forourpurposesa freeaccount isallyou’llneed,althoughyoudon’thave toopenanaccounttoparticipate.

o While you can log in through your browser using the Meeting ID and the Passwordprovidedinadvanceofthemediation,thedesktopappprovidesthestrongestencryptionavailable.

HowcanIlearnmore?o YoucanfindZoomtutorialsathttps://support.zoom.us/hc/en-us.

WhyZoom?o It’sencrypted.o Ithascapabilitiesweneedtomakeourmediationsuccessful:

• breakoutrooms• screensharing• whiteboards.

WhatkindofinternetconnectiondoIneedtohave?o Itmustbefast,stable,andsecure--nocoffeeshoporpublicwifi.o Ifyouareexperiencingproblemswithvideos“catching,”tryclosingotherappsonyour

computerorotherssharingyourinternetconnection.o Ifyourconnectioncontinuestobeunstable,muteyouraudioandthencallinbyphone

sosomeofthedataforthemeetingisn’tonyourwifinetwork.

Ican’thear,oryoucan’thearme.WhatdoIdo?o Ifyou’rehavingaudioissues,makesureaudioisnotsetto“off”or“mute”(aredslash

acrossthemicrophoneiconatthebottomleftcornerofyourzoomwindow)–scrolltothepopupbaratthebottomleftcornerofyourzoomwindow–itlookslikethis:

o Makesurethecorrectmicrophoneandspeakersareselectedbyclickingonthe“carrot”to the right of the microphone icon. You may need to try each of the availablemicrophonesandspeakersuntilyoufindtheonesthatwork.

o Ifyouareusingaseparatemic,thesourceshouldbeyoursandnot“thesystem”.

Ican’tseeyou.WhatdoIdo?o Ifyou’rehavingvideoissues,makesurevideoisnotsetto“off”(aredslashacrossthe

cameraiconatthebottomleftcornerofyourzoomwindow)–itlookslikethis:

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o Makesurethecorrectcameraisselectedbyclickingonthe“carrot”totherightofthecameraicon.Youmayneedtotryeachoftheavailablecamerasuntilyoufindtheonethatworks.

HowdoIcommunicatewithyouprivately?o TheMediatorwillprovideyouwiththeircellnumberatthebeginningofthemediation

soyoucancontacthim/herdirectlyandprivately.o IfyouneedtospeakwiththeMediatorprivatelyduringthemediation,orifyouneedto

suggestarestroombreakorforsomeotherreason,pleasetexthim/her.o Toquicklycontactamediatorwhenyouareinabreakoutroom,clickthe“AskforHelp”

buttonatthebottomofyourscreen.

Whatareyourtipsforsuccess?o Appearance

• Backlitparticipantsaredifficulttosee–pleasefacethelight• Besureconfidentialinformationcan’tbeseeninthebackground.

• Turnoffallnotificationsthatrevealpersonalinformation.• Youmaychoosetoshareyourscreenduringthemediation,soyou

maywanttocleanupyourcomputer’sdesktop.• Findaquietareaandbesurefamilymembers,pets,andothersareawareyou

shouldn’tbeinterrupted.o Don’ttalkovereachother–Zoomonlyallowsaudiofromonepersonatatime.o Turn off all reminder buzzers, dings, etc. – but allow your phone to receive text

messagessoyoucancommunicatewiththeMediatorandwithothersinyourgroup.o StaynearyourcomputerevenwhentheMediatorhasgoneintheotherroomsoyou

willknowwhentheMediatorreturnstoyourbreakoutroom.

CanIusemysmartphoneormytablet?o There are options to use Zoom smartphone and tablet apps and you may wish to

downloadthoseappsasabackupincaseoftechnicaldifficulties.o Participatingonadesktoporlaptopwithastrong,secureinternetconnectionwillmake

yourexperiencemuchbetter.

Howdobreakoutroomswork?o Aquick video at https://www.youtube.com/embed/jbPpdyn16sY?rel=0&autoplay=1

showswhatbreakoutroomslooklike.o Soonafterthebeginningofmediation,theMediatorwillusuallyputeachclient/counsel

groupintoabreakoutroomseparateandapartfromtheopposingpartiesandcounsel.Thisbreakoutroomistheequivalentofaprivateconferenceroom–whileyouareinyourbreakoutroomnooneoutsidetheroomcanhearanycommunicationsbetweenthepartiesandtheircounsel(includingtheMediatorunlesshe/shejoinsthemeetingandyouseethemonyourscreen).Thisroomiswhereyoumostlikelywillspendthemajorityofyourmediation.TheMediatorwillshuttlebetweenbreakoutroomsoverthecourseoftheday.

o NotethatforsecurityreasonstheMediatormayhavedisabledthechatfeature.Ifyouneed to communicate privately with anyone in your room, we suggest texting oneanotheronyourcellphone.YoucanalsocommunicatewiththeMediatorwhenhe/sheisnotinyourroombysendinghim/heratexttotheircell.

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CanIshareadocumentorapresentation?o Yes–thehost(theMediator)andwithMediator’spermissionduringthemediation(for

securityreasons)anyattendeecanscreensharebyclickingthe“ShareScreen”icon.TheMediatorcanhelpyouwiththisfeatureduringthemediation.

o A video at https://support.zoom.us/hc/en-us/articles/201362153-Sharing-your-screendemonstrateshowtousethisfeature.

o WhenenabledbytheMediatorthescreensharefunctionallowsparticipantstoshowdocuments,PowerPoints,orothercontentontheircomputerstoallparticipantsinthemediationorjusttheirgroupintheirbreakoutroom.

Willyourecordourmediation?o No.UnderourMediationAgreementnoonemayrecordthemediation.

Canyouparticipatebyphone?o It’sbetterifeveryoneattendsbyvideoconference,butsometimesthatisn’tpossible.

• Youcanjointhemeetingasanaudioparticipantonlybydialingoneofthephonenumbers listedonyour invitationandthenenteringtheMeetingIDandpassword.

• Notethat,ifyouparticipatebyphone,it’sjustlikeaconferencecall.o Callingincanalsoserveasa“workaround”wheninternetconnectionsbecomeunstable

– simplymuteyourcomputerandcallinwhileremainingonvideo.

HowdoIcontrolmyvideoandaudio?o The“MagicToolbar”isatthebottomofyourZoomwindowandlookslikethis:

• o IfyoupullyourcursortothebottomofthescreentheMagicToolbarwillpopup.You

canlocktheMagicToolbarinplacebyclicking:• ThecarrottotherightofStopVideo• VideoSettings• Accessibility(onthebottom)• Alwaysshowmeetingcontrols

o Youcanmuteyourmicrophonebyclickingonthemicrophoneiconandcanstopyourvideofromstreamingbyclickingonthecameraicon.Whenthemicrophoneismutedorthevideostoppedyouwillseearedslashthroughthemicorcameraicon.Tounmuteortore-startvideostreamingjustclickontheappropriateicon.

o Youcanchangeyourview–seetheupperright-handcornerofyourscreen• YourZoomscreenfeaturesachoicetotogglebetween“speaker”and“gallery”

view.“Speakerview”showsthespeaker,and“galleryview”showsallmeetingparticipants.

©2020JohnDeGroote,ChrisNolland,JohnShipp,andRossW.Stoddard,III.Permissiongrantedtouse,copy,anddistributewithauthorattribution.LastupdatedOctober4,2020.Moreinformationontheauthorscanbe foundas follows:ChristopherNolland:https://www.texasneutrals.org/chris-nolland; JohnShipp: https://www.shippmediation.com; John DeGroote: https://degrootepartners.com/bio/; and RossStoddard: https://www.linkedin.com/in/ross-w-stoddard-iii/.

ImportantPhoneNumbersandNotes:

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Table of ContentsAgendaMCLE InformationSpeaker BioHousekeeping ItemsHandout 1Handout 2