JAMS Virtual Mediation and Arbitration – Frequently Asked Questions (FAQ)

How do I prepare for a virtual mediation or arbitration with JAMS?

• Determine which platform is best for your case (see below for more information).
• A JAMS Case Manager will provide you with the appropriate paperwork prior to your session. Parties will need to agree in advance on issues such as whether the session can be recorded and whether all participants must be on camera. 
• Just as you would with an in-person mediation or arbitration, confirm that all parties and representatives have blocked off time and are fully prepared to participate in the videoconference at any moment.
• Determine how you and your clients will communicate if you are participating from separate locations.
• Determine what documents you intend to share and ensure that they are forwarded to the neutral before the session.
   

For more information, please refer to our resource: Tips and Techniques for a Successful Videoconference. 

How does JAMS Virtual Mediation or Arbitration with Zoom work?

Zoom is a popular online platform that can be used for mediations and arbitrations of almost any size. JAMS provides the Zoom accounts and there is no cost to the parties. It offers breakout rooms for mediations. Zoom is self-administered and requires minimal preparation by participants, as detailed below. JAMS neutrals and staff are available to assist you with this convenient and user-friendly tool.

What are the technical requirements?

• Download Zoom to your computer or tablet in advance of your session at zoom.us. Though less optimal, you may also participate with your smartphone.
• Confirm that:
  • your computer audio is enabled
  • you have a videocam on or attached to your computer
  • your internet connection is working
  • you have a suitable backdrop and good lighting
  • Consider doing a test run, if possible, in advance of your scheduled conference in order to address any technical concerns.

How does the process work?

• You will receive an invitation to a Zoom videoconference. This will include both the link and the password.
• The JAMS neutral will be the host of the meeting.
• Depending on whether your videoconference involves a mediation or arbitration, the neutral may have you join parties in the main Zoom meeting room or go directly into a breakout session.
• The neutral may use the mute button at various stages during the process to eliminate background noise.
• If you are in the same location as your client, then you may also use the mute button (as appropriate) to have a sidebar conversation with your client.
• During mediation sessions, you may also have a conversation with your client – and with the mediator – in one of the breakout rooms. Conversations in that room will be limited to invitees only.

How does JAMS EndisputeTM Online Mediation Work?

What is EndisputeTM?

Endispute^TM, a proprietary JAMS mediation platform provided by CourtCall,® includes a high level of moderated service for a modest fee. A CourtCall representative is available for the entire session to ensure that technical aspects of the process are handled so the parties can focus on settling their dispute. Endispute also allows private breakout rooms for each party and document sharing capability. This option is particularly ideal for smaller, straightforward cases that can be resolved in a few hours. To determine if your case is appropriate for Endispute, contact a JAMS Case Manager or visit jamsadr.com/endispute.

What are the technical requirements?

• The Endispute online dispute resolution (ODR) platform is easily accessible, requiring only a phone and a computer or tablet with a webcam to conduct a mediation from anywhere.

How does the process work?

• Once you have determined that your case is appropriate for this platform, you can submit a case inquiry at jamsadr. com/endispute.
• An Endispute ODR case manager will then help parties select a neutral from the Endispute ODR panel and assist in the case convening process.
• Once the mediation session has been scheduled, confirmed participants will receive information about how to access the Endispute ODR mediation session, including dial-in instructions for audio as well as a link to access the video portion of the session.
• The parties will receive a fee agreement and confidentiality agreement which must be completed and returned in order to confirm the mediation session.

What steps is JAMS taking to protect security and privacy while using Zoom?

At every step of the proceeding JAMS employs processes to help protect security & privacy:

Step One – Invitations and Joining the Proceeding:

• JAMS provides a unique meeting ID for each mediation session and arbitration hearing.
• JAMS begins every proceeding by using the “waiting room feature.” This feature ensures that only participants invited to the proceeding are granted access to the actual meeting.
• A JAMS moderator is assigned to every Zoom proceeding.
  • The moderator troubleshoots technical issues.
  • The moderator controls entry of the participants to the proceeding.
  • The moderator facilitates the use of break out rooms where needed or appropriate.

Step Two – The Proceeding:

• Once all participants have joined the session, the neutral and moderator have the ability to lock the meeting to prevent anyone else from joining.
• The neutral and moderator have the ability, and will, disable the recording function.
• The neutral and moderator will control the screen sharing function.

Step Three – Continuous Review and Training:

• JAMS provides ongoing training to neutrals and associates on best practices for virtual proceedings using Zoom.
• JAMS IT department monitors security developments regarding the use of virtual platforms such as Zoom and will update our processes as needed.

What alternative remote options are available for my case other than Zoom?

While JAMS is not able to control Zoom security policies and procedures and understands some clients have concerns with this platform, JAMS neutrals and associates have been trained to make the best use of the security protocols provided by the Zoom platform (see above). Parties to matters at JAMS have reported good results using the Zoom platform because of its ease of use and the fact that it is cost-free to them. However, should clients prefer another virtual option, JAMS has its own platform - Endispute™, operated by CourtCall™. 

Endispute™ via CourtCall™

JAMS offers Endispute™, a mediation platform provided by CourtCall™, for a modest additional fee. Endispute™ is a browser-based video and audio application that is easily accessible through a phone, computer or tablet. A CourtCall™ representative is available for the entire session to resolve any technical aspects.

Endispute™ also allows private breakout rooms for each party and document sharing capability. Endispute™ application security is the strongest encryption standard. Only authenticated callers are let into the call and each meeting ID is unique. 

Other Platforms

• Microsoft Teams (and Skype) - Users can host audio and video conferences with anyone. This platform provides features such as meeting note taking, screen sharing, meeting recording, and instant messaging.
  • A Microsoft Teams meeting can be locked by enabling the lobby setting and not allowing entrance into the meeting.
  • Appropriate for arbitrations or mediations based on available features.
• Conference Call (no video – please see below)
  • Appropriate for arbitrations or mediations.
• GoToMeeting™ –This platform includes features such as screen sharing, meeting recording, and instant messaging.
  • Provides each participant a password in order to enter the session.
  • The neutral has total control and can lock the room once the session begins to restrict others from accessing the videoconference.
  • Only appropriate for arbitration hearings based on available features. 
• WebEx: This platform offers features such as screen sharing, meeting recording, and instant messaging.
  • Provides each participant a password in order to enter the session.
  • The neutral has total control and can lock the room once the session begins to restrict others from accessing the videoconference.
  • Only appropriate for arbitration hearings based on available features.

Audio Only

If the parties prefer not to use videoconference, JAMS can arrange for a mediation session telephonically through the use of LoopUp. This platform offers unique features by allowing participants to join the session with a click of a button, users can see who is speaking, and provides the host the capability to mute background noise.

JAMS has found that LoopUp is highly reliable and has had success with it thus far.

Can I resolve my case through virtual ADR proceedings if there are HIPAA compliance issues?

Yes.  JAMS uses the Zoom HIPAA-compliant platform for all scheduled virtual proceedings, including mediations and arbitrations. This Zoom platform incorporates the necessary security features to satisfy the requirements of the Health Insurance Portability and Accountability Act (HIPAA). 

For additional information regarding Virtual ADR and HIPAA compliance, please visit the JAMS website at https://www.jamsadr.com/files/Uploads/Documents/JAMS-VIRTUAL-ADR-AND-HIPAA-COMPLIANCE.pdf.

For specific information regarding Zoom’s HIPAA compliant platform and its related security features, please go to https://zoom.us/docs/doc/Zoom-hipaa.pdf.

What is JAMS reaction to the lawsuit(s) filed against Zoom related to security?

JAMS is continually reviewing updates and news related to various online platforms and making necessary adjustments to our procedures as needed. Through the JAMS Institute, JAMS offers industry leading, ongoing training to its neutrals and associates on the use of available security measures from each platform. JAMS is instructing its neutrals and associates to take full advantage of security features in order for proceedings to be protected. 

With any virtual platform or electronic medium, security is an important factor. JAMS does not have an opinion on legal action by other parties, which is consistent with our position of neutrality. As with anything, there are no guarantees. If a client or party prefers any particular platform, JAMS will do its best to accommodate the request. Attorneys are encouraged to reach out to us directly to discuss their options.