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

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.
author

Deborah Hylton

Deborah is an experienced arbitrator, mediator and conflict engagement specialist with practical business experience, legal skills and financial acumen. She is also has served as transactional lawyer, CEO, board chair, board member, restructuring officer and corporate governance expert. She is a problem-solver by nature and practice. Her background offers a…

author

Marsha Ternus

Background and Education. Marsha Ternus is a native of Iowa, growing up on a farm in northern Benton County. She received her bachelor’s degree with honors and high distinction, Phi Beta Kappa, from the University of Iowa in 1972. She earned her law degree with honors, Order of the Coif,…

author

Michael Pitton

Michael Pitton has been an experienced arbitrator since 1997, is AV-rated, admitted to practice in Iowa, Minnesota and Illinois, and is included in the nationwide Bar Register of Preeminent Lawyers. He has also been a member of the adjunct faculty of the University of Iowa College of Law for more…

author

Amy Schmitz

Professor Amy Schmitz is the John Deaver Drinko-Baker & Hostetler Chair in Law at the Ohio State University Moritz College of Law. From 2016-2021 Professor Schmitz was the Elwood L. Thomas Missouri Endowed Professor of Law at the University of Missouri School of Law and the Center for Dispute Resolution.…

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