Take Advantage of Remote ADR
Because Michigan’s courts are all but closed during the COVID-19 coronavirus pandemic, if you need to adjourn in-person mediations and arbitrations, you should do so; everyone will understand and undoubtedly support that decision. But if you need to proceed with your mediation or arbitration in a safe environment, and there aren’t other reasons against it, then videoconferencing is a viable option. In fact, we can all anticipate an increase in online mediation and arbitration proceedings using digital platforms over the next few months.
Videoconferencing Platforms
While ADRoit Dispute Resolution utilizes Zoom, there are several other tools available, including Skype, Go To Meeting, BlueJeans, and others. These tools provide the ability to bring participants together remotely (sometimes from disperse geographic locations) and facilitate private and confidential joint sessions and caucus rooms just like traditional in-person mediations or arbitrations.
A Necessary Change
Research reflects that clients readily approve and embrace the online experience. Typically, the attorneys are most resistant to exploring the potential of web-based ADR. After all, an in-person mediation “is the way we’ve always done it!”
Besides the ability to place participants in separate, confidential caucus and joint session rooms, participants can share and review documents with other select participants, use whiteboard features, and much more. This technology is certainly not foreign to our Millennial and GenX clients. It is the Baby Boomers (like us) who may need further education and experience to become comfortable with online tools.
Maintain Confidentiality, Privacy, and ADR Protocols
ADR neutrals who utilize Zoom and other meeting platforms can provide you with additional information, and many have guidelines or additional requirements to protect the confidentiality and privacy of the online mediation session. We have developed our own guidelines.
The bottom line is that meeting online provides another tool for you to use during the COVID-19 outbreak and is encouraged when clients and decision-makers resist meeting in person even though it's preferable if at all possible based on widely-accepted ADR protocol, fear or have difficulties traveling (including those with disabilities), or when key participants are in distant and multiple locations. It is a tool that really does work.
Get In Touch – We’re Here to Help
If you have questions about the online mediation or arbitration process, please don’t hesitate to contact Dick Hurford or Paul Monicatti. We are ourselves working remotely during the pandemic, but available to discuss your ADR needs.