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Even in a country "living with Covid" Mediation remains a high risk situation for transmission of the virus. There's not much else you could do that would involve spending eight to ten hours, indoors, in close face-to-face contact with people from several households! The mediation1st Coronavirus Mediiation Protocol is designed to minimise the risk associated with attending a face-to-face mediation, but cannot eliminate it completely.
Protocol
1. The parties will consider whether the case can be mediated online. Most cases are suitable for online mediation. Settlement rates are equivalent, and fees are lower. We recommend online mediation on pure mediation grounds.
2. Where the mediation is to proceed face-to-face, attendees should normally be limited to the litigant and their immediate advisors as each person attending increases the risk of transmission. Family members, friends, "supporters", or lawyers attending for the experience or as part of their training should not normally attend at this time.
3. Each person attending must conifrm to mediation1st on the day before the mediation that they have taken a negative lateral flow test on that day.
4. Any person proposing to attend the mediation who tests positive, or who displays any of the symptoms of Coronavirus (headache, persistent cough, sore throat, fever, high temperature, loss of sense of taste or smell, runny nose) should inform the mediator immediately. If that person's involvement is essential to the mediation, then that person may be able to join the mediation by video conference / telephone, or the mediation may be moved online completely.
5. The Mediation Bundle and Position Statements will be supplied in PDF form.
6. Rooms for the parties and the mediator should be well ventilated, and supplied with hand sanitiser. Air conditioning that does not draw air from an external source, and therefore circulates internal air, such as a split air conditioner, should be switched off. Windows should be opened where possible.
7. Handshakes will not be used. The Indian "Namaste" / Buddhist "Gassho" / Thai "Wai" is an acceptable non-contact alternative. A friendly wave is also fine!
8. Social distancing will continue to apply. For a mediation indoors that may take 8 to 10 hours this will require at least 2 metres distancing.
9. Any person attending the mediaiton may wear a mask, and may require those sharing the same room to wear a mask. All those attending must be prepared to wear a mask if so requested.
10. Mediation1st reserve the right as a last resort to decline to mediate a case face-to-face where the arrangements do not comply with this Protocol. Mediation1st or individual mediators may in their absolute discretion waive or vary any aspect of this Protocol in the light of individual circumstances.
Please note that mediation1st does not have the resources to "police" whether or not persons attending have taken a negative test. Even with compliance with this Protocol mediation1st cannot guarantee the safety of those attending face-to-face mediation during the pandemic, and by conducting a face-to-face mediation and / or adopting and / or (at our discretion) waiving any aspect of this Protocol neither mediation1st nor any of our individual mediators accept that a mediator's or mediation provider's duty extends to ensuring the safety of those attending a face-to-face mediation, especially in circumstances where we are not hosting the mediation and where our recommendation is to mediate online.
We are always willing to discuss any concerns or suggestions in order to ensure that all involved may have full confidence in the mediation process.
