News & Analysis as of

Arbitration Videoconference

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
JAMS

Mediation Procedures

JAMS on

I currently mediate all of my cases on Zoom. I have mediated hundreds of cases on Zoom since March 2020. I have found a Zoom mediation to be a convenient, efficient, cost-effective and beneficial method of settling disputes....more

IMS Legal Strategies

Global Dispute Resolution: The Future of Virtual Legal Proceedings Is Shaped by Soaring Travel Costs

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While we may have passed through the worst of the global pandemic, it has unquestionably left a deep and lasting impact on our personal and professional lives. Restrictions that left everyone housebound for months on end...more

Miles Mediation & Arbitration

Old Yeller and the Case for The Great, Big Virtual Mediation

Spoiler alert:  In case you haven’t seen the movie yet, Old Yeller dies in the end.  And the whole world cried.  And they still do, as the film continues to captivate new generations of audiences since its original release in...more

JAMS

[Video] The Future of ADR: Reflecting on the Successes and Possibilities of Virtual ADR - Reflections on the capabilities of...

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In this video, captured during JAMS’ 2021 “Cocktails and Conversations” event on the future of alternative dispute resolution, JAMS neutrals and prominent leaders within the legal industry reflect on the growth and...more

JAMS

Omicron and the Ongoing Pandemic: Accepting the Virtual Future of ADR - Mediating from Home and Avoiding Burnout

JAMS on

When I started conducting mediations and arbitrations on Zoom almost two years ago, I could not have imagined that I would still be doing so today and that my practice and the alternative dispute resolution (ADR) field would...more

NAM (National Arbitration and Mediation)

Reflections About The Pandemic, ADR And A Look At What's Ahead

I remember the day quite well, March 16, 2020, leaving NAM's midtown office after my last mediation, stepping out onto 42nd Street at the height of rush hour, and finding a ghost town. New York City, New York State, and most...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - November 2021

OSHA Issues Vaccine ETS - The Occupational Safety and Health Administration (OSHA) published its COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) on November 5, 2021. The ETS, which is effective...more

JAMS

Virtual Arbitration at a Glance

JAMS on

On June 25, 2020, the Commercial and Federal Litigation Section co-sponsored with JAMS a live webinar featuring an interactive mock virtual arbitration of a commercial dispute. The Hon. Ariel E. Belen, arbitrator/mediator at...more

JAMS

[PODCAST] JAMS Neutrals See Strong Future for Hybrid ADR Proceedings

JAMS on

A podcast from JAMS featuring neutrals Zee Claiborne and Michael Young on their experiences conducting hybrid proceedings at JAMS. In this podcast, JAMS neutrals Zee Claiborne and Michael Young discuss virtual and hybrid...more

NAM (National Arbitration and Mediation)

Virtual ADR: Life After Lockdown

With vaccinations on the rise—and our spirits with them– there is increasing talk of returning to the office, probably after Labor Day, to resume a somewhat normal work schedule, including renewed person-to-person contact...more

NAM (National Arbitration and Mediation)

The Masked Mediator - A Personal Account of an In-Person Mediation

This past year has been unlike any other in almost every aspect of life. I feel blessed that my family and I have remained healthy, and that through Zoom technology and NAM's IT department, I have been able to continue to...more

Vinson & Elkins LLP

Virtual Arbitration Hearings In The Middle East

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The COVID-19 pandemic has created an exponential increase in the number of virtual arbitration hearings, including in the Middle East. In a previous client alert, we describe that virtual hearings come with certain...more

NAM (National Arbitration and Mediation)

Medical Malpractice Settlements In The Time Of COVID – A First-Hand Account

A year ago, on Tuesday, March 17th while serving as a Justice of the Supreme Court, Kings County, I, along with all my colleagues, was the recipient of an alarming email – “all Judges are directed to remain at home until...more

Hogan Lovells

Talking Point Asia – "You're on mute!" – top tips for when mediation goes virtual

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Mediation has sometimes been described as a bit like marriage counselling. The mediator, like a counsellor, is there to listen to and facilitate discussions between the two parties in an attempt to identify common ground and...more

Vinson & Elkins LLP

Putting Your Best Foot Forward In A Remote Arbitration

Vinson & Elkins LLP on

At the beginning of 2020, arguing hearings and trying cases in a completely remote environment seemed like science fiction. Now, just a year later, courts and litigants have adapted to our new virtual litigation environment....more

JAMS

Five Lessons Learned From My First Virtual Arbitration—Including Be Sure to Wear Sunscreen

JAMS on

I just finished my first virtual arbitration, which involved a multi-million-dollar dispute between a large medical system and an extensive payer network, two weeks of testimony and hundreds of thousands of pages of...more

JAMS

Behind the Screens: Challenges for Working Mothers During the Pandemic and the Impact on ADR

JAMS on

This year Women’s History Month coincides with the one-year anniversary of the COVID-19 pandemic. There could not be a better time to discuss how women, and especially mothers, have been affected by the pandemic. In the past...more

Morrison & Foerster LLP

MoFo Japan Disputes Newsletter – 1st Quarter 2021

Welcome to Morrison & Foerster’s quarterly newsletter on dispute resolution. In this newsletter, we address recent developments in arbitrations, investigations, and commercial and intellectual property litigation that may...more

JAMS

[NAWJ Podcast] Technology in the Courts and in ADR: Meeting the Moment

JAMS on

In a recent podcast produced by the National Association of Women Judges (NAWJ), Richard Birke, executive director of the JAMS Institute, and JAMS neutrals Hon. Frank Maas (Ret.) and Hon. Elizabeth White (Ret.), president...more

NAM (National Arbitration and Mediation)

CCBJ Interview With Jacqueline Silvey, Esq. | COVID-19 Reveals Inherent Advantages Of ADR

Jacqueline Silvey, general counsel with NAM (National Arbitration and Mediation), discusses the changes she's seen in alternative dispute resolution over the years, the current state of the industry, and where she sees it...more

JAMS

Effective Virtual Mediation: 10 Lessons After 10 Months

JAMS on

On the last day I was physically present in the office in March 2020, I completed a multi-party mediation with two parties appearing by Zoom at the last minute due to health concerns. I had no idea how to move people in and...more

JAMS

Taking Conference Calls to the Next Level, Virtually

JAMS on

A number of good things stem from our switch to virtual mediations and arbitrations during the pandemic. One of my favorites is using Zoom (or another online platform) for conference calls in mediations. (I use them as well...more

JAMS

[PODCAST] Reflecting on Nine Months of Virtual ADR

JAMS on

Nine months after the onset of the COVID-19 pandemic, the legal community overall has adapted to working in a new environment. For ADR professionals and many attorneys, that means mastering the art of virtual mediation. While...more

NAM (National Arbitration and Mediation)

CCBJ Interview With Rhonda L. Epstein, Esq. | In The Age Of Coronavirus, ADR Is More In-demand Than Ever

Rhonda L. Epstein, Esq. is a neutral with NAM (National Arbitration and Mediation) and a longtime proponent of alternative dispute resolution. She's also a seasoned litigator with an extensive background in employment law and...more

NAM (National Arbitration and Mediation)

CCBJ Interview With Hon. David B. Saxe (Ret.) | With Court Cases Backlogged And Potential Delays Inevitable Post-COVID, ADR Stands...

The Honorable David B. Saxe (Ret.), neutral with NAM (National Arbitration and Mediation), discusses the ways that his experience as a judge and a lawyer inform his ability as a neutral; the advantages of alternative dispute...more

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