[PODCAST] Reflecting on Nine Months of Virtual ADR

A special podcast from JAMS featuring neutrals Adrienne Publicover and David Ross on their experiences and lessons learned since shifting to virtual mediations.

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 some have experienced a more seamless transition than others, everyone had to confront often unexpected obstacles and turn them into opportunities to be successful.

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Today’s Business: Refining the process of alternative dispute resolution during a pandemic

With the COVID-19 pandemic, the world has changed, and the Alternative Dispute Resolution process along with it. Over the last decade, ADR, including nonbinding mediation and arbitration, has been in increased demand among business litigants. Today, these sessions have gone “virtual.”Under non-binding mediation, a “neutral” individual facilitates a negotiation between the parties to reach a compromise. The matter can only settle if the parties agree to terms, meaning either party can walk away if it is not satisfied with a proposed outcome. Arbitration, by contrast, is a private trial before an arbitrator who sits as a judge. In most arbitration, the arbitrator, often selected by agreement of the parties, hears testimony, receives documentary evidence and issues a binding, written opinion. Unless an arbitrator exceeds his or her authority, or issues a decision that is arbitrary or capricious, the decision will not be overturned by the courts.

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