News & Analysis as of

Dispute Resolution Remote Working

NAM (National Arbitration and Mediation)

MedMal Disputes – Negotiating a Settlement is Still the Best Method of Resolution

Someone told me, long ago, that the days go slowly, and the years fly by.  No statement can be more accurate when referring to the past four years.  Because on Tuesday, March 17, 2020, while still serving as a Justice of the...more

Stark & Stark

Remote & Alternative Work Arrangements - Strategies for Success and Reducing Risk

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Let’s face it: remote, hybrid, and alternative work arrangements are here to stay. That’s not necessarily a bad thing. Though many employers already had accepted and adopted remote, hybrid, and alternative work arrangements...more

JAMS

Omicron and the Ongoing Pandemic: Accepting the Virtual Future of ADR - Mediating from Home and Avoiding Burnout

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When I started conducting mediations and arbitrations on Zoom almost two years ago, I could not have imagined that I would still be doing so today and that my practice and the alternative dispute resolution (ADR) field would...more

NAM (National Arbitration and Mediation)

Reflections About The Pandemic, ADR And A Look At What's Ahead

I remember the day quite well, March 16, 2020, leaving NAM's midtown office after my last mediation, stepping out onto 42nd Street at the height of rush hour, and finding a ghost town. New York City, New York State, and most...more

JAMS

[PODCAST] JAMS Neutrals See Strong Future for Hybrid ADR Proceedings

JAMS on

A podcast from JAMS featuring neutrals Zee Claiborne and Michael Young on their experiences conducting hybrid proceedings at JAMS. In this podcast, JAMS neutrals Zee Claiborne and Michael Young discuss virtual and hybrid...more

JAMS

Disruptions, Disputes and Dialogue: What Just Happened?

JAMS on

We are finally starting to see signs of economic recovery, with businesses reopening and emerging from their forced hibernation. We are witnessing the evolution of the workplace and work itself. So let’s reflect on our...more

JAMS

Virtual Hearings and Mediations Are Here to Stay

JAMS on

As the COVID-19 pandemic recedes, every aspect of our pre-pandemic ways of work is under review. Simply returning to our old ways is not the answer. To do so is to ignore the lessons learned while working remotely. Dispute...more

NAM (National Arbitration and Mediation)

The Masked Mediator - A Personal Account of an In-Person Mediation

This past year has been unlike any other in almost every aspect of life. I feel blessed that my family and I have remained healthy, and that through Zoom technology and NAM's IT department, I have been able to continue to...more

NAM (National Arbitration and Mediation)

Medical Malpractice Settlements In The Time Of COVID – A First-Hand Account

A year ago, on Tuesday, March 17th while serving as a Justice of the Supreme Court, Kings County, I, along with all my colleagues, was the recipient of an alarming email – “all Judges are directed to remain at home until...more

JAMS

Behind the Screens: Challenges for Working Mothers During the Pandemic and the Impact on ADR

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This year Women’s History Month coincides with the one-year anniversary of the COVID-19 pandemic. There could not be a better time to discuss how women, and especially mothers, have been affected by the pandemic. In the past...more

NAM (National Arbitration and Mediation)

The Post-COVID World Of Litigation – A Personal Observation

Perhaps now is a good time to address our world after the end of Covid. What have we learned over the course of 2020? Can cases be effectively handled without the ready availability of the courts? Does technology work? We...more

NAM (National Arbitration and Mediation)

The Future of ADR, Post-COVID: Personal Musings From a Neutral

These past several months have certainly been a challenge, to say the least. Lock downs, face masks, heroic doctors, hospital workers, and first responders, sickness, death, shuttered businesses, and furloughed workers all...more

JAMS

Update on Remote Mediations and the Virtual Evolution of ADR

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During past eight months, due to the coronavirus pandemic, mediators, lawyers and clients have experienced something once inconceivable: Almost all mediations have been conducted remotely. What have we learned from this...more

NAM (National Arbitration and Mediation)

Is Mediation Conducted Through Videoconferencing Better?

Time for some good news: We already know that we can hold effective mediations online, but dare we say that videoconferencing may actually be better than in-person hearings? ...more

JAMS

Remote Mediation: An Opportunity for Customization

JAMS on

We all fall into routines. In the past, busy lawyers and mediators have been reluctant to engage in too much pre-mediation session process, assuming instead that most mediations will proceed in a predictable fashion....more

NAM (National Arbitration and Mediation)

Law.com Webinar: Our New Reality – Virtual ADR Is Here and Ready to Assist Attorneys in Resolving Disputes

Join NAM neutral, Hon. Larry S. Schachner, J.S.C. (Ret.), in a pre-recorded Law.com webcast, "Our New Reality – Virtual ADR Is Here and Ready to Assist Attorneys in Resolving Disputes." Now that we are all faced with the...more

McDermott Will & Emery

Litigation Pacing During the Pandemic

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How does the coronavirus pandemic impact the pace of commercial litigation? This article identifies factors for companies to consider in determining which commercial litigation activities can and should move forward and which...more

NAM (National Arbitration and Mediation)

Video Mediations: The Future Of Alternative Dispute Resolution

Lately, I am reminded of the John Lennon song, “Nobody Told Me There'd Be Days Like These.”  Courts are essentially closed.  Settlement conferences and trials are suspended for the foreseeable future.  Without cases going...more

King & Spalding

Best Practices for Conducting Arbitration Hearings Remotely

King & Spalding on

If you reside on the East Coast of the United States, in the span of twenty years, you have lived through a devastating terrorist attack, a once-in-a-century Super Storm, and now, a global coronavirus pandemic. Each of these...more

White and Williams LLP

Not Remotely Law as Usual: Don’t Settle for Delays – Settle at Remote Mediation

The emergence and rapid spread of COVID-19 has created extraordinary circumstances that have significantly impacted how we go about living, working and interacting with one another. The practice of law is no exception....more

JAMS

Effective Mediation by Videoconference: A Neutral’s Use of Zoom During the Coronavirus (COVID-19) Crisis

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After conducting a very successful mediation via Zoom this week, I wanted to share my experience with you. Zoom is one of the videoconferencing platforms JAMS uses to recreate a multi-room mediation setting. It allows the...more

Womble Bond Dickinson

Adapting: Litigation Dynamics for Businesses Addressing Strained Relationships

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Despite court closure orders and other restrictions entered across the country, commercial litigation continues to be filed, with many courts docketing new cases in 2020 on pace with 2019.  For businesses considering...more

NAM (National Arbitration and Mediation)

How Alternative Dispute Resolution and Technology Can Keep Your Cases Moving in the Face of Court Closures

Chief Administrative Judge Lawrence Marks’s administrative order in combination with Governor Cuomo’s PAUSE (Policies Assure Uniform Safety For Everyone) executive order eliminate all but emergency in-person legal proceedings...more

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