as we transition out of the pandemic, parties Often still want Zoom hearings
Online arbitration hearings and mediation sessions can be conducted efficiently and safely via Zoom or other online services. My approach is to work in advance of the hearing date with the parties to test audio and video connections, facilitate the exchange of exhibits, and identify witnesses. A little time spent ahead of time can save time and prevent glitches on hearing day.
The advantages of virtual hearings
Timelier resolution of disputes when it often delays a hearing to go in-person
Elimination of travel expenses and travel time charges from your arbitrator’s invoice
Confidential and secure transaction of business
Capability to caucus separately with your team on the Zoom platform
Hosting by your neutral arbitrator, to insure an impartial process
I hosted and conducted my first virtual arbitration hearing in mid-April 2020, and I have done many more since then. It is highly likely that parties will want to use virtual hearings long after COVID-19 recedes. I am happy to work with any parties who want to continue to meet remotely. I am also available for in-person hearings when participants are properly vaccinated. (See my in-person hearing guidelines here.)
Mediation is also feasible with Zoom. The mediator can meet separately with the parties in breakout rooms. The host mediator can also set up a third breakout room to meet with the lead advocates together or with a small sub-group.
Recommendations for a successful virtual hearing
I provide, and strongly recommend, the use of a court reporter so that an accurate and complete official transcript of the virtual arbitration hearing is produced. No other recording using Zoom or other device is then required or allowed.
Every participant, including witnesses, must have access to a computer that has a camera. It is helpful if all participants also have access to a second screen (a laptop, tablet, or even a smart phone) to view documents.
Some conference rooms are now set up with audio and video connections so that the arbitrator (and/or court reporter) can join the meeting via a remote link.