KWM on why virtual hearings are a “new and exciting phenomenon”

COVID-19 accelerated the number of parties choosing virtual hearings, but this is not the first time proceedings have been convened with the use of technology. Strain says: “For many years, where necessary and appropriate, the DIFC Courts have been willing to convene hearings of urgent applications by telephone, and have allowed witnesses to be heard remotely using video conferencing facilities, provided the ‘DIFC Protocol on Remote Witnesses’ is complied with.”

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Mediation in Family Law Cases During COVID-19

Many family law attorneys would argue that alternative dispute resolution (ADR) formats such as mediation, arbitration and collaboration are more effective than litigation in family law cases. Due to COVID-19, ADR (most often mediation) is the only immediate option available for many. Some family courts are conducting hearings remotely via Zoom, but for the most part they are not able to address non-emergent disputes. As of now, judges are not compelling mediations via Zoom, so attorneys and/or clients have to agree to participate. Users are reporting great results from Zoom mediations, but there are pros and cons to consider.

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Hong Kong Introduces COVID-19 Online Dispute Resolution Scheme

The Hong Kong Government has announced a series of measures to support individuals and businesses affected by COVID-19. With regards to the legal sector, the COVID-19 Online Dispute Resolution (ODR) Scheme is planned to be launched in June 2020. In the meantime, preliminary information concerning the operation of the ODR Scheme has been provided by the Secretary for Justice.

Since the outbreak of COVID-19, an upsurge in disputes related to the outbreak has been anticipated. In order to “provide speedy and cost-effective means to resolve such disputes, especially for those involving micro, small and medium-sized enterprises (MSMEs) that may be adversely affected or hard hit by the pandemic,” the ODR Scheme intends to cover COVID-19 disputes for claims up to HK$500,000.

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Court online dispute resolution now available in Oakland County

The Michigan Supreme Court’s online tool for resolving certain legal disputes has been expanded to Oakland County.

The court’s Office of Dispute Resolution has made the service, MI-Resolve, available in 18 counties so far. The service allows for virtual resolution of disputes that would otherwise be filed as small claims, civil cases or landlord-tenant cases in district court.

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INSIGHT: Best Practices for Conducting Remote Arbitration Hearings

Most businesses must now connect virtually, due to the coronavirus pandemic, and arbitration hearings are no exception. We were one week into a two-week arbitration hearing when New York City shut down, forcing the hearing to conclude via video. Video hearings may be the future of arbitration—at least in the short term.

Attorneys need to think about important considerations and best practices for conducting a hearing via video. This article also addresses applicable arbitral institution rules (or lack thereof) and discusses why this area is ripe for consideration by these institutions.

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