BEWARE! THE PANDEMIC AS TECHNOLOGICAL ACCELERATOR – ZOOMING INTO THE FUTURE

Even in the litigation world, where we still refer to centuries-old doctrine to resolve today’s disputes, the pandemic is now forcing very rapid change. As I enter the brave new world of virtual mediation, I am both encouraged and frightened by two very recent and dramatic changes within the court system.

 News of the first arrived on my desk on Monday through Ian Mulgrew’s piece in the Vancouver Sun, Covid-19 forces change on legal system. Apparently, while cameras still haven’t made it into the court room, the internet has. 

 I had barely finished reading this when a copy of the Law Society memo advising that The Court of Appeal is now using Zoom turned up in my in-box. I also heard yesterday that the Supreme Court of BC is just working out some technical issues so that they can come on board as well. 

 So full speed ahead with virtual mediations right? … maybe not so fast. 

 I had to remind myself that while teleconferencing in the mediation world is starting to become routine, and in fact encouraged by example in the court system, it is important not to get overly caught up in the excitement of these new innovations. Let us not forget about our obligations in the personal injury world to those whose differing perspectives we are attempting to resolve — the plaintiffs and insurers and the lawyers that represent them. 

 Like Mickey Mouse in that old Disney production The Sorcerer’s Apprentice, we could easily drown in our new-found power. To avoid potential pitfalls, when the pandemic hit, our mediation group hired a technical consultant to keep us and our clients safe.  It’s worked out well and so I’m recommending that others consider doing the same, if you haven’t already.

 Marlon Hanssens of Pacific Telecom Consulting has been invaluable to us, not just in software set-up and training, but also in his ongoing role in assisting our clients on a mediation by mediation basis to adjust their computer equipment to manage fire wall issues, microphone and video connections etc. 

 As importantly however, he has us all operating under his Zoom licensing which includes the Healthcare option. This optionprovides an additional level of security beyond the regular business plan, including the fact that it is PIPEDA enabled.

 He also is keeping us caught up with the rapidly changing technology. He recently attended a Zoom conference call to get updated on steps Zoom has taken recently to improve security. Here’s what he has reported to us:

 I joined a conference call with the Zoom team on Wednesday and they are doing a significant amount of work on security upgrades. 

 A few changes that have already been implemented:

  • password on by default
  • meeting ID’s are longer (went from 9 digit to 11 digits)
  • Host and Co-Host will see a Security Icon at the bottom of the screen, allowing for security changes on the fly (locking the meeting when everyone is inside, kicking people out, etc.)
  • Partnered with a security firm Luta Security – Katie Moussouris CEO previously worked for the Pentagon, Symantec and Microsoft 
  • Implemented Bug Bounty Program – invite hackers to hack their own Zoom accounts and the hackers get paid when Zoom can implement a fix – this program is used in all major organizations (Facebook, Microsoft etc.)
  • Hired Alex Stamos as Chief Security officer (previously CSO for Facebook) 

Changes coming soon:

  • Directed Data traffic – this is a big one for us (I will switch this on April 18th to Canada only)
  • Waiting Room Indictor Improvements – this wasn’t clear in the meeting what the improvements will look like but as you know, it can be difficult for the host to know when someone is waiting while the meeting is being facilitated

Further useful information in the form of videos and blog posts on mediations specific Zoom information can also be found at his web site

 Look forward to working with clients and other mediators in ensuring as safe an environment as possible in this new age.

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