Arbitration Tips-N-Tools (TNT): Round 7

In this round of Arbitration Tips-N-Tools, Professor Amy Schmitz asks some of the leading arbitration practitioners about drafting Stepped Processes in an Online Environment, especially in a digital world and faced with the complexities of the Covid-19 pandemic.

Round 7: What are your 3 top tips and/or tools with respect to drafting Stepped Processes in an Online Environment – especially in the digital era and complexities of Covid?

Linda A. Michler – 

Step 1 – Before determining any processes in a two–step mediation and arbitration (med-arb) start with contemplating whether it is a good idea for you as the ADR professional to assume the role of mediator and then as arbitrator. Think carefully about the inherent drawbacks.  For a more detailed analysis of this issue, see here. 

Stay tuned for more Arbitration TNT by Prof. Amy Schmitz coming your way next week…..

Linda Michler

Linda A. Michler is an arbitrator and mediator and may be reached at 412.854.4315/ 412. 480.1731 or on-line at www.nadn.org/linda-michler She is licensed in PA, NY and NC and is a member of the National Academy of Distinguished Neutrals and is on the roster of the American Health Law Association’s Dispute…

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.…