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The Do’s and Don’ts of Online Dispute Resolution (ODR)

Apr 28, 2020

By: Howard Black, Partner - Wills and Estates

Howard Black - Wills and Estates MediationAs courts have closed to all but urgent and time-sensitive matters, there has been an increase in demand for resolving disputes through mediation and arbitration. Online Dispute Resolution has been available for a significant amount of time, but has recently become an increasingly popular way to find a solution for all parties involved while maintaining social distancing goals. As such, we have put together a list of do’s and don’ts when taking part in online dispute resolution to help the process run smoothly.

Do

  • DO ensure that you have a workable laptop/tablet or desktop computer with a large screen and secure Wi-Fi or wired internet access
  • DO ensure that your laptop/tablet or desktop computer has a workable microphone and camera so that you may be properly heard and seen
  • DO familiarize yourself with the technology, in advance of the online dispute resolution process, to ensure that you are comfortable using it troubleshooting it
  • DO keep confidential all details concerning the online meeting link and any password that may be provided
  • DO ensure that you have a back-up option for sound (e.g. calling in by telephone)
  • DO ensure that only individuals who have signed the online dispute resolution agreement are present during the online dispute resolution process
  • DO ensure that you are physically present in a well-lit and quiet (door closed) room, with limited disruptions
  • DO ensure that, if necessary to keep out background noise, your microphone is disabled/muted while you are not speaking
  • DO ensure that you advise the mediator/arbitrator when you need to take a break
  • DO ensure that you and/or your counsel has ready access to a printer/scanner/email/telephone
  • DO provide contact information to the mediator/arbitrator in advance of the session

Don’t

  • DON’T share the online meeting link or password with anyone not authorized to be participating in the online dispute resolution process
  • DON’T electronically record any of the proceedings
  • DON’T access the online meeting by way of a public network

If you would like to proceed in pursuing dispute resolution through mediation or arbitration, please contact Howard Black at hblack@mindengross.com. For more information on mediations and arbitrations, read A. Irvin Schein’s article “Resolving Disputes During COVID-19: Considering mediation and arbitration” on our website at: https://www.mindengross.com/resources/news-events/2020/04/02/irvin-schein's-blog-resolving-disputes-during-covid-19---considering-mediation-and-arbitration.

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