By:
On:
In: Access To Justice, Articles, Technology

Much attention has been given to online mediation, in addition to other types of online dispute resolution (ODR), as it has seen widespread acceptance as of late due to restrictions on in-person gatherings. Is that acceptance forced in light of the need to keep claims moving forward with no viable alternative, or are parties finding that online mediation may, in fact, be preferable to face-to-face in some cases? It is widely known by claims professionals and legal practitioners that most lawsuits resolve before trial, and that mediation is an effective tool for settling claims. Nevertheless, until recently, online mediation has largely been eschewed by counsel.Read More →

By:
On:
In: Access To Justice, Articles, Technology

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 resolution, like almost every aspect of society, changed as a consequence of the pandemic and what will remain is the extensive use of video. Why because it is less costly, efficient and effective. COVID-19 thrust the legal community to work online. To the surprise of many lawyers, mediators, arbitrators and judges, the work continued to get done. Virtual hearings and mediations proved to be so successfulRead More →

By:
On:
In: Access To Justice, Articles, Technology

Over the past year, we have been forced to learn to use virtual technologies. Many have come to appreciate, even love, the ease, convenience, flexibility, time and cost savings associated with meetings, hearings, mediations, arbitrations and conferences conducted via video conferencing technologies such as Zoom, Teams and others. Indeed, the advantages are many, including: Ease of scheduling and gaining participation of busy people in a far-flung locales Cheaper Efficient Saves time, travel costs No Commuting Working in the comfort of own home or office Safety in a pandemic, safety and reduced risk from personal aggression Great tools, sharing screen, private conference rooms, whiteboards for drawing,Read More →

By:
On:
In: Access To Justice, Articles, Technology

Online Dispute Resolution (ODR) is not a new concept and has received significant scholarly attention. Nevertheless, there is still serious confusion over what ODR even means. As a recent scholar noted: “The phrase ODR is too broad to be useful.” For ODR to be properly utilized, more clarity is needed to help practitioners understand the scope, benefits, and drawbacks of ODR. This post is the first in a new series seeking to shed necessary light on ODR. In its original form, the term ODR was straightforward and meant what it said—dispute resolution held online. ODR developed as a way to address conflicts that arose online,Read More →

By:
On:
In: Articles, Technology

Online Dispute Resolution (“ODR”) may refer to any form of alternative dispute resolution conducted with the aid of a computer. Two in particular, mediation and arbitration, are proceeded by a variety of adjectives: Remote; Virtual; Cloud; Videoconference; etc. Here, ODR will refer specifically to mediations and arbitrations conducted by videoconference without actual face-to-face, in-person meetings. (Whenever information would pertain equally to mediation or arbitration, the term mediation is used.) Aspects of ODR have been with us in one form another for decades. ODR includes a variety of remote dispute resolution mechanisms, from negotiations by telephone and email, to arbitrations conducted without any witnesses based onRead More →

By:
On:
In: Articles

Disputes generally are an integral part of human interactions arisng from different human transactions. All disputes involve people and it is only natural that when these disputes occur, the parties want to resolve them peacefully and or satisfactorily. A common way of doing this is through Alternative Dispute Resolution (ADR) mechanisms. These mechanisms such as Arbitration, Mediation and Negotiation are often utilized in the settling of disputes without resorting to litigation. ADR as a means for the resolution of disputes has in one form or another, been with mankind from the beginning of time. One can say it has a primordial origin. ADR in itsRead More →

By:
On:
In: Articles, Pandemic

INTRODUCTION Much has been written about the future. However, when we read about “what will come” we see it as “something far away”. It is a perception that is always accompanied by the certainty of the present and the randomness of “tomorrow” (most likely we think “We don’t know what is going to happen and… if it will happen). It has cost us, human beings, and it is difficult for us to understand what are the steps we must take in order to reach the future. This is so, because making this reflection forces us to think about the simple, ordinary and everyday things thatRead More →

By:
On:
In: Access To Justice, Articles, Business, Technology

Introduction A funny thing happened on April 1, 2020. After over 30 years and 7,500 cases as an in person, high-touch mediator, I grudgingly became, out of necessity born by COVID-19, a virtual, online mediator. The first month was admittedly a very rocky one for me. I worried about my ability to handle the very easy technology and that I might accidentally bump the participants off the platform. I also hated to see myself on the screen. Initially, I felt, albeit incorrectly, that this made me the center of attention – something I have always felt is the opposite of the mediator’s role. Today, overRead More →

By:
On:
In: Access To Justice, Articles

A common question at my initial free consultation with clients is, “Will I need to have a lawyer?” or, “Am I going to have to hire a lawyer?” Clients often have a look of surprise on their face when I tell them “ You are not required to consult with an attorney but I strongly encourage it.” You may wonder whether they are surprised at the fact that they are not required to consult with an attorney or at my strongly encouraging them to do so. The answer is both. Before we explore the issue of the role of lawyers in mediation, we need toRead More →

By:
On:
In: Articles, Technology

What Is E-Mediation? The internet has become an indispensable business resource as more companies rely on online tools. As more businesses shift towards digital environments, it may be time for mediators to do the same. Online mediation, or e-mediation, could help you meet clients’ changing needs in an increasingly digital workplace. E-mediation isn’t a new concept, but recent events do put new emphasis on it. Thanks to COVID-19, many companies have shifted to a work-from-home approach, moving much of their work online. As you’re undoubtedly aware, just because people aren’t in the same physical space doesn’t mean workplace conflict is gone. Under the stresses ofRead More →