Camera Ready: What Every Lawyer Should Know to Handle Virtual Arbitration Effectively

Over the past two years, many arbitrations have been conducted virtually with the participants in multiple locations convened on a virtual platform. Given the ubiquity of virtual proceedings and the cost savings of avoiding travel by counsel, parties, and witnesses, this process is likely to continue even when it is no longer a health necessity. Under these circumstances, lawyers should be working with clients to revise their arbitration agreements to memorialize the rules to be followed if a virtual arbitration is needed.  Leaving this to chance will invite additional disputes and may put procedural issues in the arbitrator's control that could be anticipated and agreed upon by the parties. The issues may include how to conduct depositions remotely, how to handle evidence, whether witnesses can be in the same room as counsel even if opposing counsel and the arbitrator are elsewhere, how to use technology effectively, and a myriad of other issues. Some lawyers are accustomed to doing this live, but less confident in a remote setting. This course will address the best practices for being an effective advocate in a virtual setting. 

1. Identify issues in client contracts to address dispute resolution issues in remote settings

2.  Identify arbitrator selection qualifications for remote arbitration

3. Anticipate procedural issues and prepare for remote proceedings regarding discovery, depositions, exhibits, witnesses, and technology

4. Consider techniques to prepare clients and witnesses for testifying remotely

5. Prepare for the unexpected to effectively represent clients when something goes wrong