Arbitration Tips-N-Tools (TNT): Round 8

In this round of Arbitration Tips-N-Tools, Professor Amy Schmitz asks some of the leading arbitration practitioners about appointing arbitrators for online arbitration (OArb), 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 appointing arbitrators for online arbitration (OArb) – especially in the digital era and complexities of Covid?

Rachel Goedken –

1. Before appointing an arbitrator for online arbitration, take stock of your own tech capabilities and willingness to learn new skills.
2. Ensure that the arbitrator under consideration has some training or experience conducting virtual arbitration hearings on the platform to be used OR that the arbitrator has secured an assistant who is technologically proficient on that platform. If using AAA or another organization that administers arbitration hearings, work with the case administrator.

In relation to this, I also have the following suggestions for what are the steps that the parties should consider in advance of an online hearing

1. Identify or establish a protocol the arbitrator and parties will use to safeguard the privacy and confidentiality of the arbitration, including who will host the hearing.
2. Hold a technical dry run before the scheduled arbitration hearing to make sure the advocates are familiar with internet and security requirements as well as platform functions (audio/mute, sharing exhibits, breakout rooms (for arbitrator + attorneys, for each side, for sequestration of witnesses), use of chat function, etc.)

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

Rachel Goedken

As Director of the Werner Institute at Creighton Law School, Professor Goedken focuses on nonlitigation dispute resolution – arbitration, mediation, and negotiation. Before joining the faculty, Professor Goedken earned her BS in Psychology and MS in Industrial Relations, then worked in labor relations and human resources for several years before…

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.…