Arbitration Tips-N-Tools (TNT): Round 14

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In this round of Arbitration Tips-N-Tools, Professor Amy Schmitz asks some of the leading arbitration practitioners about the biggest pitfalls of online arbitration (OArb), especially in a digital world and faced with the complexities of the Covid-19 pandemic.

Round 14: What do you see as the biggest pitfalls of OArb (online arbitration) – list your top 3??

Responses:

A) Deborah Hylton –

1. Online fatigue. It’s our professional lifeline and social lifeline. Hone the case to what’s really essential!
2. Tech fails will happen. Ability to roll with it and readily adapt is important.
3. Distractions from the participant’s environment are more present—lots of prep required to avoid / prevent.

B) Marsha Ternus

1. Arbitrators or attorneys not having experience using the technology
2. That’s the only pitfall I can think of as –
   • Online arbitration is convenient and allows the parties to fully present their evidence. 
   • It also provides sufficient opportunity for the arbitrator to evaluate the credibility of witnesses

C) Michael Pitton

1. Lack of the full engagement and group dynamics that accompany a live presentation.
2. Potential diversion from a focus on the issues in the case due to the attention required for computer skills.
3. More interruptions due to witnesses joining, leaving, and gaining familiarity with online questioning and exhibit use during the presentation.