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Virtual Arbitration Guidelines

The Arbitration will be governed by the applicable rules for the tribunal, such as the American Arbitration Association Employment or Commercial Rules or the Institute of Conflict Prevention and Resolution. The tribunals have guidelines and protocols for the conduct of virtual arbitrations.

The following are general principles STOHLER ADR PLLC will use in the absence of such governing rules.

Technology & Security

  1. The Arbitration will be conducted virtually using password-protected Zoom Video  Communications.
  2. All participants must have access to a computer with audio and video capabilities.  Participants do not need to download the Zoom application.
  3. The participants must have a secure internet connection (password protected)– no public wi-fi. All precautions will be taken to preserve the privacy of the data.
  4. All Arbitrations will be password protected and will have a randomly created, unique  Meeting ID. Do not share the password or the Meeting ID with anyone.
  5. The Arbitrator will be the Host and in control of the Arbitration. The Arbitrator will use the “Waiting Room” feature to ensure that only invited participants are allowed into the Mediation.
  6. On the attendance sheet, every participant should enter an e-mail address and a cell phone number. We will use the phones if there are technology issues or the connection is lost.
  7. The Arbitration will not be recorded.

Confidentiality

  1. The Arbitration will be conducted under the same strict rules of confidentiality as any other in-person Arbitration. All counsel and parties are expected to take the necessary precautions and actions to preserve confidentiality and the privacy of the Arbitration.
  2. The Arbitration will be conducted with the same level of attention and respect to the participants as if it were in-person. This means that except when on a break, or related to the Arbitration, participants should not be doing other work, or on their cell phones, etc.
  3. The participants all must be identified and should be in rooms where there are no others, except those participating in the Arbitration. No eavesdroppers, spouses, children, etc.

Joining the Meeting

  1. Prior to the Arbitration, the Arbitrator will schedule a Management Meeting. At this meeting, the participants will agree on the details of the Arbitration. This meeting also will allow time for any technology issues to be addressed, and to demonstrate to the participants how the process will work. The Arbitrator will confirm that each participant understands how to mute/unmute, how to disable the video, how to send a message or “raise a hand” to speak and similar functions.
  2. The Arbitrator will send Zoom invitations to join the Arbitration to each participant and counsel, which will allow them to be able to sign in.
  3. When parties sign in, they will be placed in the “Waiting Room.” The parties will be muted and will not be able to talk with each other. The Arbitrator will grant access to all participants when all of the participants have assembled

Meeting Process

  1. The Arbitrator will assign the parties to separate “breakout rooms.” These rooms will be private to allow for attorney-client privileged conversations. Mediator.