Latest from Disputing - Page 2

Since the COVID-19 pandemic emerged, Disputing blog has worked to synthesize guidance documents from a variety of sources including the AAACIArbCPRHogan Lovells, the ICC, and the Seoul Protocol to provide readers with a comprehensive list of best practices for online dispute resolution.  This update highlights some additional resources that may be useful for mediators, arbitrators, and other dispute resolution professionals. The AAA/ICDR Guidance on Zoom Mediations contains…
Last week, the ABA Judicial Division Lawyers Conference Special Masters Committee held a webinar titled “A Brainstorming Session: Using Special Masters to Help Courts Deal with the Challenges of the Pandemic.”  The webinar was moderated by Committee Co-Chair Merril Hirsh of HirshADR PLLC in Washington, D.C. and panelists included: The Hon. Shira Scheindlin (ret. Judge, US District Court, Southern District of New York); The Hon. David Thomson (Justice, New Mexico Supreme Court); The…
Yesterday, the Civil Jury Project at NYU School of Law published its June 2020 Jury Matters newsletter.  This installment of the newsletter focused on virtual jury trial protocols that were created by a group of “trial lawyers, academics and judges.”  The protocols include: Protocols for Jury Selection in Videoconference Jury Trials 1.0 Protocols for Virtual Trials: A Blueprint for Jury Trials Protocols for Jury Deliberations How the Zoom Platform can be of Greater Efficiency in
As communication increasingly moves online, practitioners are becoming more comfortable interacting over video conference. We have all learned basic tips about lighting, mute control, and decluttering your background. These tips, while important fundamentals, only scratch the surface of what is necessary to effectively communicate over video. Effective communication is particularly important for lawyers who are required to not only be competent, but also zealously advocate for their clients. One area that many advocates can improve…
The Northern District of Illinois has ordered a consumer’s Illinois Biometric Information Privacy Act (“BIPA”) lawsuit filed against online photography company Shutterfly to arbitration, despite that Shutterfly unilaterally amended its Terms of Use (“Terms”) after the consumer agreed to them.  In Miracle-Pond, et al. v. Shutterfly, Inc., No. 19-CV-04722 (N. D. Ill., May 15, 2020), a woman, Miracle-Pond, created a Shutterfly user account in August 2014.  As part of this process, Miracle-Pond accepted the…
Good court reporters have seen and worked through every scenario – mumblers, whisperers, screamers, paper rattlers, cross-talkers – you name it. So, after 32 years, I thought I’d seen it all. And then came COVID-19. What to do? Wait for things to get back to normal or find a way to serve my clients who wanted to move forward? I decided to investigate and discovered Zoom couldn’t be easier to use. It provides the most…
Due to unprecedented health and safety risks, more clients and attorneys are turning to online dispute resolution (“ODR”) to resolve their disputes. The rapid shift toward remote proceedings creates uncertainty, as new legal issues will arise out of the unique circumstances. Potential uncertainty does not need to put disputes on hold, however, as there are ways to mitigate and avoid risk that allow disputes to confidently move forward. For remote arbitration proceedings, it is recommended…
Since the COVID-19 pandemic began, the criminal justice system and its efforts of justice and reconciliation, commonly known as restorative justice, have taken a huge hit. Restorative justice (“RJ”) is a system that focuses on the rehabilitation of an offender through the reconciliation of a victim and the members of a community. For victims, RJ provides a way to get answers that only the offender can provide.  For example, many victims ask themselves questions such…
Disputing is synthesizing guidance documents from the AAA, CIArb, CPR, Hogan Lovells, and the ICC, as well as the Seoul Protocol, to provide a comprehensive list of best practices for remote arbitration. Previous blog posts have covered best practices for selecting the technology required for a remote arbitration, and best practices to ensure the security and confidentiality of the proceeding. Today’s post focuses on procedures for witness…
Avital Mentovich, Assistant Professor in the School of Criminology at the University of Haifa, J.J. Prescott, Henry King Ransom Professor of Law and the Co-director of both the Empirical Legal Studies Center and the Program in Law and Economics at the University of Michigan Law School, and Orna Rabinovich-Einy, Haifa University Vice Dean, Professor, and Faculty of Law, have written “Are Litigation Outcome Disparities Inevitable? Courts, Technology, and the Future