Technology and ADR: The Future is Here
In this fast-paced interactive program, experts and practitioners from Arbitration Resolution Services, Inc., the world’s first completely cloud-based alternative dispute resolution provider, will discuss how emerging technologies are impacting the arbitration and mediation processes. Hear about the latest technologies and how they are changing the way arbitrations and mediations are administered. Get a glimpse of how a case is processed online, including e-discovery. Hear what ADR providers and the courts are doing right now in this area.
Presenter Bios:
Mark Norych manages the operations of Arbitration Resolution Services, Inc., and oversees the experienced litigators, judges, and magistrates who make up the ARS panel of arbitrators.
For more than 30 years, Norych has been involved in the litigation, and arbitration of claims on behalf of the insurance, car rental, and other major industries. He has also coordinated and supervised litigation on a national and global level.
Norych is a frequent lecturer and sought-after professional speaker. He has provided seminars and workshops at several Fortune 500 companies on topics ranging from best practices for corporate operations to specific topics related to federal and state regulations and laws and their effect on company models and procedures.
Alexander Penley, founder of Penley Global Law, has more than 13 years experience in corporate and immigration law. He has litigated cases in Federal and State courts, and achieved numerous settlements and court ordered awards.
He received his JD from Case Western Reserve University and an LLM (with honors) in International Intellectual Property from London Metropolitan University. He is licensed to practice in California, Washington D.C and Federally, thus enabling him to litigate (non-patent) intellectual property and immigration issues anywhere in the United States. Additionally he is a certified British Solicitor.
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Replies to This Discussion
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Permalink Reply by Bryan Hanson on
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You will access this live webinar by following this link:
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Permalink Reply by Mark D. Norych on
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Hi, there was a question as to which companies use the technologies used in the presentation. At present, only Arbitration Resolution Services utilizes all of the technology available as it was created and it's rules designed for use in a cloud based environment. Ideal for E-commerce disputes.web site is www.arbresolutions.com. The AAA also has some web based options as does FINRA (the Financial Industry Regulatory Authority).
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The archive is now available for this session by clicking on the video player above. Enjoy!
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You mentioned how with ADR, it is often more comfortable for the client, with less stress and confrontation than litigation. I was wondering what is lost with ADR when so many aspects go online for sharing information and for communication. You may not have face to face animosity directly, but you do have aspects of sincerity and the things that are important to the other party lost as well when the parties or their representatives are not face to face. You may be giving away a great deal of information you would normally gather from nonverbal communication that is accomplished by communicating in person. Does ADR lose some of its benefit when so much of it is to be carried out online?
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Jeffrey, you raise an interesting point. I have several thoughts about it. First, realize that almost universally the parties have tried to resolve a dispute before getting involved in a formal dispute resolution process. So it's not like they haven't interacted before. Second, hearings which are held via video conference do give the parties a chance to view each other. I agree that the scope of visual interaction may be significantly less than if the parties were in the same room but the key person, the arbitrator(s) gets to view the demeanor of the parties. People/companies choose ADR specifically (and at least hopefully) for a process that is quicker and less costly than litigation. To do that, the parties or their counsel are aware that they are giving up some procedural aspects of litigation in favor of an expedited process. If parties need more "face time" before arbitration than they should mediate the matter before proceeding with litigation. Lastly, many ADR forums provide for arbitrations without any hearing at all. They feel their dispute is clear on it's face and it's a matter of interpreting the documents and parties actions.
So I do not feel that the parties are losing something by not being together for the actual hearing. Hope that answers your question.
Jeffrey Kunz said:You mentioned how with ADR, it is often more comfortable for the client, with less stress and confrontation than litigation. I was wondering what is lost with ADR when so many aspects go online for sharing information and for communication. You may not have face to face animosity directly, but you do have aspects of sincerity and the things that are important to the other party lost as well when the parties or their representatives are not face to face. You may be giving away a great deal of information you would normally gather from nonverbal communication that is accomplished by communicating in person. Does ADR lose some of its benefit when so much of it is to be carried out online?
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