Published: December 2024

With the 2020 pandemic now firmly in the rear-view mirror, let’s assess Zoom’s place in the mediation world. Initially considered a stop gap, a means to let us mediate despite forced distancing, Zoom has proven its value and is here to stay.

Zoom’s cost savings and convenience alone would justify its continued use. But my favorite Zoom feature by far is one we use in virtually every mediation – screen sharing.

Screen sharing is exactly what its name implies – the ability to easily share whatever is on your computer/phone/iPad’s screen with all Zoom participants, on their screens at once.

Every creative writing teacher exhorts students to “show, don’t tell.” The most effective means of proving a point during mediation is to show its evidence onscreen for all to see.

I have seen screen sharing used effectively in a wide variety of commercial mediation presentations – real estate cases sharing aerial photos to show boundary locations; business cases sharing the relevant contract language; construction cases sharing expert reports on allegedly defective manufacturing building products. Although I don’t handle personal injury mediations, I can imagine how effective a short day-in-the-life video could be in a high stakes PI mediation.  Whatever your case is about, you’ve got your evidence all lined up to prove the case in court, right? The other side needs to see it during mediation if you want them to settle.

Sometimes, the opposing side’s lawyer is the one who needs persuading, not their client. Sharing a dispositive appellate case onscreen, with the crucial holding highlighted, can really open their eyes to the strength of your position.

One of the most effective uses I’ve seen in mediation is sharing a damages calculation onscreen. Seeing the numbers can be so much more persuasive than just hearing them. (Show, don’t tell, remember?)

I often do a screen grab of one party’s screen share presentation so I can put it up on screen and discuss during private caucus with the other side (with counsel’s permission, of course).  Zoom even has a nice mark-up feature that lets everyone make notations on a shared image. (A shout out to Donna Greenspan Solomon for this tip!)

You can even show video deposition excerpts onscreen.  Mediation can be eye-opening for parties.  It’s often the first time they are truly confronted with the ammunition the other side has compiled.

We, as lawyers, can sometimes preach to the choir a bit, telling our clients how strong their cases are. This can be counterproductive, making clients overconfident and inflexible – never a good thing in mediation.  A screen share of the other side’s evidence can be the wake up call that restores some objectivity to clients’ case evaluations. This can be just what it takes to bridge the gap and facilitate settlement.

The key to effective mediation screen sharing is, of course, preparation. Just like demonstrative aids in front of a jury, use the screen to tell a story. The mediation may be the last opportunity you have to speak directly to the opposing parties, so make it count. Take the time to create an effective demonstration of the crucial facts in your favor, then put it on the screen. Show them, don’t tell them!

Screen sharing isn’t only an opportunity to prove your case. It also shows the other side that you do your homework. That you’re prepared. That you will be a formidable opponent in front of a jury. All resulting from what you share, and how you share it, on their screens.

And now a few mediation screen share tips:

– Less is more. As with everything else you present as a lawyer, keep your screen share brief.
– When sharing documents, be sure the window you share is large enough that everyone can read the important parts you’re showing them.
– Before sharing your screen, make sure your device’s desktop is clean and neat. And turn off all irrelevant apps. A million disarrayed icons and windows in the background can be so distracting.
– And, please, turn off your device’s notifications. Nobody wants to see that off-color text from your golf buddy pop up!

Zoom offers many mediation benefits.  The key is to make them work to your clients’ advantage. Effective screen sharing can help settle your case.  Use it!

For a wider discussion of Zoom’s advantages, see Al’s May, 2023 ADR Corner article, “To Zoom or Not to Zoom.

 

After a long career at Shutts & Bowen LLP as a commercial litigator specializing in real estate and general business cases, Mr. LaSorte now acts exclusively as mediator (over 600 cases so far) and expert witness through his own firm, Alfred A. LaSorte, Jr., P.A. d/b/a LaSorte Mediation.  (www.LaSorteMediation.com).  Mr. LaSorte can be reached at (561) 286-7994 and [email protected].  For additional ADR tips and resources, go to https://www.palmbeachbar.org/alternative-dispute-resolution-committee/