Arbitration Tips-N-Tools (TNT): Round 12

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In this round of Arbitration Tips-N-Tools, Professor Amy Schmitz asks some of the leading arbitration practitioners about hiring a third party to assist with virtual hearings, especially in a digital world and faced with the complexities of the Covid-19 pandemic.

Round 12: When do you think it is wise to hire a third party to assist with virtual hearings – 3 indicia?

Responses:

A) Deborah Hylton –

1. Sole arbitrator is the key test. When I’m a sole arbitrator, I advise the parties as soon as videoconference hearings are raised that a tech advisor is required. The parties deserve my full attention on the case and deserve a decided trouble-shooter if issues arise.
2. In an arbitration with numerous nonparty witnesses coming and going and privacy of non-party witness testifying, having someone other than the arbitrator handling the tech is key. Even in courthouses, there are bailiffs!
3. One counsel can provide tech support in the absence of the other party’s objection. It’s tech support without third-party expense.

B) Marsha Ternus

1. Arbitrator and attorneys are unfamiliar or uncomfortable with the technology to be used for hearing
2. Attorneys unfamiliar or uncomfortable with the technology will be using multiple documents when questioning witnesses
3. Complexity due to multiple parties and attorneys or large number of exhibits that will be used at hearing

C) Michael Pitton

1. Hearings that involve several exhibits and require extensive testimony as to pertinent documents
2. Proceedings when a record will be made
3. Hearings with numerous witnesses, particularly those in different locations