[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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Virtual Mediations – What to Expect

MEDIATION can be a great option for resolving your ICBC claim. The goal of mediation is to bring the parties together—including an ICBC representative—to discuss the issues and try to reach settlement, with the guidance of a neutral mediator. Traditionally, “bringing the parties together” meant that everyone was physically in the same room. The technology for virtual mediation has existed for some time, but many ICBC claim lawyers were concerned that the mediation process would lose its effectiveness if not done face-to-face. The COVID-19 pandemic forced parties to embrace the use of technology and may have forever changed the way personal injury claims are handled.

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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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