Karl Bayer's Disputing Blog » Online Dispute Resolution

Online Mediation May Allow Restorative Justice to Continue During COVID-19

By Renata Schaffer - May 20, 2020

Since the COVID-19 pandemic began, the criminal justice system and its efforts of justice and reconciliation, commonly known as restorative justice, have taken a huge hit.

Remote Arbitration Best Practices: Witness Examination

By Kyle Bailey - May 14, 2020

Disputing is synthesizing guidance documents from the AAA, CIArb, CPR, Hogan Lovells, and the ICC, as well as the Seoul Protocol, to provide a comprehensive list of best practices for remote arbitration.

Are Litigation Outcome Disparities Inevitable? Courts, Technology, and the Future of Impartiality

By Beth Graham - May 13, 2020

Avital Mentovich, Assistant Professor in the School of Criminology at the University of Haifa, J.J. Prescott, Henry King Ransom Professor of Law and the Co-director of both the Empirical Legal Studies Center and the Program in Law and Economics at the University of Michigan Law School, and Orna Rabinovich-Einy, Haifa University Vice Dean, Professor, and Faculty of Law, have written “Are Litigation Outcome Disparities Inevitable? Courts, Technolog

Remote Arbitration Best Practices: Security and Confidentiality

By Kyle Bailey - May 12, 2020

Using Rule 11 to Keep Your Case Moving During COVID-19

By Tracy McCormack - May 11, 2020

Remember when Rule 11 was used just to memorialize a discovery extension? Meet the new and improved Rule 11. It’s a powerful tool to keep your clients happy and your cases moving when you don’t have regular access to the courts.

Remote Arbitration Best Practices: Technology

By Kyle Bailey - May 6, 2020

Over the last few weeks, numerous organizations have issued guidance on conducting remote arbitration through video teleconferencing.

International Council for Online Dispute Resolution and National Center for Technology and Dispute Resolution Facilitate ODR

By Beth Graham - April 24, 2020

Due to the ongoing COVID-19 worldwide health crisis, online dispute resolution (“ODR”) processes have become increasingly important for most dispute resolution professionals.

AAA and CPR Issue Remote Arbitration Hearing Guidance

By Beth Graham - April 22, 2020

Both the American Arbitration Association (“AAA”) and the International Institute for Conflict Prevention and Resolution (“CPR”) have issued new guidance to assist arbitrators and parties engaging in virtual hearings due to the ongoing COVID-19 health crisis.

ICC International Court of Arbitration Issues Guidance on Conducting Virtual Hearings

By Beth Graham - April 17, 2020

The International Chamber of Commerce’s (“ICC”) Court of Arbitration has issued a “Guidance Note on Possible Measures Aimed at Mitigating the Effects of the COVID-19 Pandemic.”

NADN Bulletin – Zoom Hype & Headlines

By Darren A. Lee and Karl Bayer - April 9, 2020

Because in-person mediations and arbitrations have become a public health risk due to COVID-19, the National Academy of Distinguished Neutrals (“NADN”) has taken measures to ensure that members of the Academy are able to serve firms with online mediation sessions using the latest video conferencing platforms.