News & Analysis as of

Virtual Meetings Mediation Dispute Resolution

JAMS

Mediation Procedures

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I currently mediate all of my cases on Zoom. I have mediated hundreds of cases on Zoom since March 2020. I have found a Zoom mediation to be a convenient, efficient, cost-effective and beneficial method of settling disputes....more

Miles Mediation & Arbitration

Ten Tips to Better Mediations Via Zoom

In 2000, I was involved in trying to develop a system for online mediation. The broadband infrastructure to support such a system did not exist, so we were 20 years early. It took the COVID-19 pandemic in 2020 to make...more

JAMS

Taking the Temperature of Health Care Disputes: The Latest Trends and the Effect of Business Interruption

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Three distinguished JAMS neutrals discuss dispute resolution in the health care industry - The past two years have been tough on all of us, but for those in the health care industry, it has been incredibly challenging....more

JAMS

Reconnecting with the Outside World - How a mediation highlighted the joys of human interaction

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We’ve had over two years of virtual mediations, arbitrations and court appearances. “You’re on mute,” “Your Wi-Fi is unstable” and “Adjust for low light” are now part of our daily lexicon. We’ve been treated to views of...more

JAMS

Judge Gail Tusan’s Five Top Tips for Successful Mediations

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1. Unpack the emotional barriers to consensus building early in the process. Confidential breakout rooms provide the mediator with the opportunity early in the mediation to assess and work through a party’s emotional...more

JAMS

[PODCAST] Reflecting on the Emotional and Psychological Dimensions of Alternative Dispute Resolution

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A podcast from JAMS featuring Stephen H. Sulmeyer, J.D., Ph.D., and Hon. Lynn Duryee (Ret.) on the emotional and psychological dimensions of ADR and the impact on mediators, lawyers and all parties involved - In this...more

JAMS

[Video] The Future of ADR: Reflecting on the Successes and Possibilities of Virtual ADR - Reflections on the capabilities of...

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In this video, captured during JAMS’ 2021 “Cocktails and Conversations” event on the future of alternative dispute resolution, JAMS neutrals and prominent leaders within the legal industry reflect on the growth and...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

JAMS

Virtual Mediation in Today’s World: A Pandemic Success Story - Why it works so well

JAMS on

When the legal profession began to experience the impact of the COVID-19 pandemic, I wondered specifically how it would affect alternative dispute resolution. I was not so concerned about arbitration. There was precedence in...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

Virtual Arbitration at a Glance

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On June 25, 2020, the Commercial and Federal Litigation Section co-sponsored with JAMS a live webinar featuring an interactive mock virtual arbitration of a commercial dispute. The Hon. Ariel E. Belen, arbitrator/mediator at...more

JAMS

The Surge in Workplace Disputes Under Disability Discrimination Laws: Good News or Bad News?

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I have been wondering—as we are well into our second year of the pandemic—whether the relationships between employees with disabilities and their employers are changing in unanticipated ways. My curiosity leads to the...more

JAMS

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

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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

Zelle  LLP

Insurer Considerations For Post-Pandemic Virtual Mediation

Zelle LLP on

As the number of COVID-19 cases increased in the course of the pandemic, so too did the use of virtual mediation as a means of dispute resolution. The utilization of mediation to resolve disputes has quickly become even more...more

JAMS

Settlement Verification in the Virtual World

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My goal has always been to provide each and every mediation participant with the most satisfying experience possible. In virtual proceedings, the ability to convey settlement communications as if the litigants and I were in...more

JAMS

[VIDEO] Fireside Chat: An Intergenerational and Intercultural Conversation with Judge Westerfield and Kim Keenan, Esq.

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JAMS neutral Hon. Rebecca Westerfield (Ret.) welcomes and interviews JAMS neutral Kim M. Keenan, Esq., who recently joined the Washington, D.C. Resolution Center - In an interview with Judge Westerfield, Ms. Keenan traces...more

NAM (National Arbitration and Mediation)

Virtual ADR: Life After Lockdown

With vaccinations on the rise—and our spirits with them– there is increasing talk of returning to the office, probably after Labor Day, to resume a somewhat normal work schedule, including renewed person-to-person contact...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

JAMS

Mind of the Master Mediator

JAMS on

Dear readers, this resource comprises the first compiled edition of Mind of the Master Mediator, a popular blog series by David S. Ross, a JAMS Mediator and Columbia Law School Adjunct Professor The Origin - I’m fascinated...more

JAMS

[Podcast] Where Do We Go From Here? The Future of Virtual ADR

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A podcast from JAMS featuring Hon. Rebecca Westerfield (Ret.) and Scott J. Silverman (Retired Judge, Eleventh Judicial Circuit) on their experiences in virtual alternative dispute resolution (ADR) and their views on the...more

JAMS

Benefits of Virtual ADR in Insurance Disputes: Ten Reasons To Consider Resolving Disputes Virtually

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There has been a lot of talk lately, and a lot of presentations, about the pros and cons of virtual alternative dispute resolution (ADR)—video arbitrations and mediations. I recently participated in one such program, but it...more

JAMS

Five Lessons Learned From My First Virtual Arbitration—Including Be Sure to Wear Sunscreen

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I just finished my first virtual arbitration, which involved a multi-million-dollar dispute between a large medical system and an extensive payer network, two weeks of testimony and hundreds of thousands of pages of...more

Bradley Arant Boult Cummings LLP

A New Tool for Resolving Litigation: The Benefits and Pitfalls of Virtual Mediations

In March of 2020, when state-wide coronavirus lockdowns began in earnest, litigations confronted the fact that practically everything on the schedule — depositions, mediations, and court appearances — had been canceled. To...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

JAMS

[NAWJ Podcast] Technology in the Courts and in ADR: Meeting the Moment

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In a recent podcast produced by the National Association of Women Judges (NAWJ), Richard Birke, executive director of the JAMS Institute, and JAMS neutrals Hon. Frank Maas (Ret.) and Hon. Elizabeth White (Ret.), president...more

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