01 Nov Online Mediation

 

Mediations and Videoconferences: Online Mediation

Legality, practicality, and cost efficiency for mediators and parties

A practical and updated guide for those who wish to incorporate online mediation via videoconference with legal certainty, efficiency, and a positive user experience — especially when the parties are geographically distant.

Mediation by videoconference is fully valid in civil, commercial, and family matters, and increasingly used in community, neighborhood, workplace, and school mediation. In many cases, it is the most efficient way to initiate or complete a conflict resolution process, particularly when the parties are located in different regions. It offers significant savings in time and costs, greater access to professionals, and facilitates participation for individuals with mobility limitations or living far away.

With proper technical preparation and clear protocols for confidentiality, security, and identification, online mediation ensures the same quality and guarantees as in-person sessions. To preserve confidentiality, sessions are not recorded, unless all parties expressly agree in writing.

1) Essential Legal Framework (Spain, Catalonia, and the European Union)

Spain (civil and commercial fields)

• Mediation is recognized and promoted, including the use of electronic means (videoconference) and simplified procedures for low-value disputes.
• Mediation agreements may be formalized with an electronic signature, and may be notarized or judicially approved.

Catalonia (private law)

• Law 15/2009 on mediation in private law explicitly allows the use of telematic means and regulates the registration and requirements for mediators.

European Union

• Directive 2008/52/EC promotes the use of new technologies in mediation proceedings.
• The eIDAS Regulation and Law 6/2020 ensure the legal validity of electronic signatures, especially qualified signatures.

In summary, videoconferencing is a fully legitimate method for conducting mediation and conciliation sessions, provided that confidentiality, free consent, and proper identification of the parties are maintained.

2) Legal Validity and Evidence

• Prior identification: verification of identity (ID, passport) and cross-checking with the mediation intake form.
• Informed consent: explicit acceptance of the mediation rules and of the use of videoconference.
• Integrity and traceability: use of secure platforms allowing access control, encryption, and minimal incident logs.
• Formalization of agreements: through electronic signature (advanced or qualified, as applicable).
• Evidentiary value: electronic documents and signatures have the same legal effect as physical ones, provided their authenticity and integrity are ensured.

3) Data Protection and Confidentiality

• Legal basis: consent and/or performance of a mediation agreement; if sensitive data are involved, additional safeguards must be adopted.
• Minimization principle: avoid recording sessions, except when strictly necessary and always with informed consent.
• Security: encryption, passwords, virtual waiting rooms, participant control, and secure session closure.
• Third-party processing: mediation professionals should sign data processing agreements with videoconferencing and e-signature providers.
• Rights of individuals: access, rectification, deletion, objection, and limitation of processing.

4) Practicality and Cost Efficiency

Direct savings

• Travel, venue rental, and meal expenses virtually eliminated.
• Reduction of unproductive hours (travel, waiting time).

Efficiency

• More flexible scheduling and faster availability.
• Possibility to include observers or experts at minimal additional cost.
• Facilitates hybrid processes (one party in person, the other remote) and private caucuses in separate rooms.

Environmental impact

• Reduced travel-related emissions, supporting sustainability.

Hybrid practitioners report an average cost reduction of 30–50% compared to exclusively in-person mediation.

5) When Videoconference Mediation Is or Isn’t Recommended

Especially recommended when:

• The parties live in different locations.
• Personal or emotional safety needs to be ensured (physical distance reduces tension).
• Quick progress is needed (information sessions, initial meetings, draft agreement review).

Prefer in-person mediation when:

• There is a digital divide or technical accessibility issues.
• High conflict intensity requires closer observation of body language.
• Physical document verification is necessary during the session.

6) Best Practices for Excellent Online Mediation

1. Preparation protocol: include rules on confidentiality, speaking turns, caucuses, and record-keeping.
2. Technical check: test connection, camera, audio, and have a backup plan (phone or alternative link).
3. Identification and waiting room: verify each participant before admitting them.
4. Private spaces and caucuses: use breakout rooms under mediator control.
5. Document sharing: via secure folders or screen sharing.
6. Electronic signature: use trusted providers with timestamping.
7. Closure and follow-up: summarize key outcomes and next steps.

In my professional practice, I use Zoom, due to its reliability, encryption, and security functions (waiting rooms, participant control, and breakout rooms).

7) Model Clause for Mediation Agreement (Videoconference)

Use of telematic and videoconferencing means. The parties agree that mediation sessions may be held via videoconference or other telematic means, guaranteeing confidentiality, participant identification, and communication security at all times. No recording shall be made without the prior, express, and written consent of all parties. Documents and, where applicable, the final agreement shall be formalized through electronic signature with full legal validity.

8) Frequently Asked Questions

Does online mediation have the same validity as in-person mediation?
Yes. What matters are the guarantees of voluntariness, neutrality, confidentiality, and proper identification, along with correct formalization of the agreement.

Can sessions be recorded?
Only with prior, informed consent of all participants. Generally, recording is not recommended to preserve confidentiality.

How do I sign the final agreement?
Through a qualified electronic signature, which has the highest probative value.

When is videoconference mediation most useful?
When the parties are geographically distant or have incompatible schedules, offering comfort and efficiency.

9) ✅ Quick Checklist Before Each Online Session

Preparation

• Review the mediation or conciliation agreement and confirm voluntariness.
• Send an invitation with date, time, secure link, and password.
• Inform the parties that the session will not be recorded to preserve confidentiality.
• Attach the telematic and confidentiality clause for prior signature.

Identification and security

• Verify the identity of each participant (ID, passport).
• Use a virtual waiting room and admit participants individually.
• Ensure no unauthorized persons are present.
• Confirm secure connection and disable automatic recording.

Technical aspects

• Test audio, camera, and connection beforehand.
• Have an alternative plan (phone or backup link).
• Recommend headphones and a quiet, private space.

Session conduct

• Remind parties of mediation rules and confidentiality.
• Explain how speaking turns and caucuses will be managed.
• Keep an alternate communication channel in case of technical issues.
• Ensure no screenshots or recordings are taken.

Closure and follow-up

• Draft a brief summary or session report without sensitive data.
• Agree on the next meeting date or format.
• Formalize documents via qualified electronic signature.
• Store files in a secure, protected folder.

10) Conclusion

Videoconference mediation is not a lesser alternative to in-person mediation, but a mature, safe, and efficient tool that broadens access to mediation and conciliation. It enables solid, confidential, and sustainable agreements, especially when the parties are geographically distant.

Definition of Caucus in Mediation

A caucus is a private meeting held by the mediator with one of the parties (or with each separately) during the mediation process. Its purpose is to facilitate communication, reflection, and individual analysis in a safe and confidential environment. The mediator may explore interests, emotions, or needs that a party may not feel comfortable expressing in a joint session, helping to reduce tension and prepare for a more productive joint discussion. Its use must be balanced and transparent, with all parties informed and confidentiality fully respected.

📞 For more information or to schedule an initial mediation session:

Daniel Sererols Villalón
Mediator, Private Conciliator, and Lawyer
📧 daniel@mediadorconflictos.com
📱 +34 661 463 306