When conducting a Virtual Alternative Dispute Resolution (ADR), it is important for an arbitrator and mediator to understand the unique considerations and challenges that come with this method of dispute resolution.
First, it is essential for an arbitrator and mediator to be familiar with the technology and platforms that are used for virtual ADR. This includes understanding how to use videoconferencing, screen sharing, and document sharing tools, as well as troubleshooting any technical issues that may arise. Additionally, it is important to have a backup plan in case of technical difficulties, such as having a phone number available for the parties to use in case of video or audio issues.
Second, it is important for an arbitrator and mediator to be aware of the potential impact of virtual ADR on the parties and the process. For example, virtual ADR may make it more difficult for the parties to read body language and nonverbal cues, which can be an important aspect of communication and negotiation in ADR. It is important for the arbitrator and mediator to be aware of these limitations and to adapt their communication and facilitation techniques accordingly.
Third, it is important for an arbitrator and mediator to be aware of the legal and ethical considerations related to virtual ADR. This includes understanding the laws and regulations related to virtual hearings, such as rules of evidence and due process, and ensuring that the parties’ rights are protected. Additionally, it is important to be aware of any ethical considerations related to virtual ADR, such as maintaining confidentiality and avoiding conflicts of interest.
Fourth, it is important for an arbitrator and mediator to be aware of the cultural and linguistic considerations related to virtual ADR. This includes understanding the cultural norms and expectations of the parties and adapting the ADR process accordingly, as well as ensuring that language assistance is provided if necessary.
Fifth, it is important for an arbitrator and mediator to be aware of the time differences and schedule of the parties. This includes making sure that the parties are able to attend the virtual ADR session at a mutually convenient time, and that the time difference between the parties is taken into consideration.
Finally, it is important for an arbitrator and mediator to be aware of the importance of maintaining a neutral and impartial stance. This includes being aware of any potential biases and avoiding any actions or statements that may be seen as favoring one party over the other.
In conclusion, when conducting a virtual Alternative Dispute Resolution, it is important for an arbitrator and mediator to be familiar with the technology and platforms used, be aware of the potential impact of virtual ADR on the parties and the process, be aware of the legal and ethical considerations, be aware of the cultural and linguistic considerations, be aware of the time differences and schedule of the parties, and finally be aware of the importance of maintaining a neutral and impartial stance.
Shafiq Taibjee
Lawyer/Arbitrator/Mediator/Certified Islamic Arbitrator and Expert
Honorary Fellow IICRA –UAE