How the pandemic has plagued proceedings
On March 11th, 2020, the World Health Organization (WHO) Director-General declared the outbreak of COVID-19 a global pandemic. The word pandemic was not used lightly on that day and unfortunately for many the numbers have only increased since then. The scramble began to accommodate the rising needs in hospitals, clinics and doctors offices, and the mandates for social distancing were introduced. Schools were shut down, corporations went to work-from-home policies and life came to a screeching halt for many. But not for all. While the number of positive COVID-19 cases increased, so did the number of legal proceedings around the world; and drastically.
Navigating a new virtual legal reality
Jeff Benz, of Legal360.com, wrote, “The coronavirus will not stop disputes from arising and, in fact, may actually give rise to more disputes. Force majeure clauses are alive and well in commercial contracts, even if they were perhaps not expressly crafted for viruses, instead focusing on issues related to weather, terrorism and natural disasters.” [1] As the world navigates a new reality, arbitrators are not excluded. Benz went on to mention that there were plenty of ways arbitrators could carry out their duties, and a heavy focus was placed on what is necessary for in-person proceedings and what they can do “to accommodate this new changed reality.” Changes to procedural orders and directions on scheduling of proceedings have become the norm, and hearings via technology have become more common practice.
What constitutes a hearing
The good news for arbitrators and mediators is that most institutional rules do not stipulate much detail on what actually constitutes a hearing. While the modern-day version of arbitration hearings strikes the picture of a table in a conference room with parties on both sides in your mind, hearings can actually be held remotely using technology. Arbitrators, like school teachers and medical professionals, have begun utilizing technology like video conferencing and teleconferencing for their hearings while adhering to social distancing guidelines. Technology platforms like Zoom allow for breakout sessions, multiple screens, the sharing of documentation, recording, and chat features which not only keep pushing the processes forward, but they allow for safety measures for those involved.
Will remote legal proceedings continue?
It is hard for anyone to predict what will stick and what business will return to “normal” once the pandemic begins to decrease. Bloomberg Law recently discussed the idea that law firms will be able to see steep financial savings with fewer travel costs and a more widespread acceptance of teleconferencing, or videoconferencing, for a variety of legal events. “Depositions are a particular area where lawyers have resisted anything other than face-to-face interaction, but with social isolation requirements there’s a growing familiarity with applications that support holding depositions, arbitrations, and hearings live over the web.”[2]
How do I prepare for a Zoom hearing?
Everyone from news casters to CEOs have been caught unaware on camera during the pandemic. And the legal profession has not been immune. Anita George of Digital Trends offered some tips to keep in mind while having a video conference. She began by mentioning that you should test your hardware and internet connection before your meeting. Not showing up to a courtroom for your hearing is known to land you in a lot of hot water, not showing up online will do the same. Blur or change your background if you don’t have a simple blank wall. Putting your best foot forward in a hearing is your best bet, so bet on yourself and don’t lose your chance of success by having something inappropriate behind you in your hearing. Finding a quiet place for your videoconference is imperative. You need to be able to focus and others on the call need to be able to clearly hear you. George even recommended a white noise machine if necessary. Mute yourself. Plain and simple. If you are not talking, do not have your microphone on. Dress for your audience. At least from the waist up. An online hearing is not the time to break out your favorite t-shirt from the concert you attended 20 years ago. Always appear professional. [3]
Where do we go from here?
No one knows when the COVID-19 pandemic will become a distant memory. While medical professionals are fighting to save lives and researchers continue to search for a cure or vaccine, the world must find new ways to continue on. Being flexible and adapting to change is the best plan for all professionals.
[1] What The Coronavirus Means For Arbitration And Mediation By Jeff Benzhttps://www.law360.com/articles/1249725/what-the-coronavirus-means-for-arbitration-and-mediation
[2] Litigation and the Covid-19 Pandemic By Bloomberg Lawhttps://pro.bloomberglaw.com/litigation-and-the-covid-19-pandemic/
[3] The do’s and don’ts of video conferencing etiquette By Anita Georgehttps://www.digitaltrends.com/computing/dos-and-donts-of-video-conferencing-etiquette/