I promised an update on digital signatures once I had a virtual mediation that settled. Happily, I was able to explore that eventuality a few times over the last little while so here is what I have learned so far.
Our group uses Docusign for sealing the deal electronically. It works like a charm.
I sign into my Docusign account and prepare an ‘Envelope’ to go with the Memo of Agreement once the wording is completed.
The Envelope is basically the routing instructions for the program. You input email addresses and names of the people who need to sign. You can also add names and email addresses of other participants who you want to have a copy of the completed document.
It’s also signing instructions for the participants by setting up place holders in the document for where each person signs. Digitally they emulate the little sticky ‘sign here’ arrows that realtors use on sales contracts. I believe the program was originally designed to facilitate the buying and selling of homes.
Next to each signature you can also place a date field which automatically fills in as each person signs.
You then hit send and each addressee gets an email. They click on the start button in the email and follow a set of simple instructions. Our tech support also has prepared a pdf on instructions for completing the signature process which you can find here.
Once all have signed, the program automatically emails each party, as well as the mediator who originated the document process, a completed copy in pdf format.
The mediator also gets an “Envelope History” that is stored on her/his account online. The History provides the GPS coordinates for each person’s location at the time they sign. If you ever need that information at a later time, instructions for finding the History on your Docusign account site are located here.
The adjuster or defense counsel can also email the mediator a Release they have prepared, and the mediator is able use Docusign to circulate that for signature as well. Docusign works with Word and PDF files.
With my Memo of Agreement, where it normally says signed at <location> on <date>, I now have it say “Signed via Docusign software.”
If you are interested in reading Docusign’s blurb on the legality of digital signatures completed within their software environment, click here.
There are lots of good videos on Youtube about Docusign and I recommend that you watch a couple of them to supplement what I am saying here.
Final note, have everyone’s email addresses handy before the mediation starts so that you can get the documents out for signature smoothly.
Good luck everyone!