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ALTERNATIVE DISPUTE RESOLUTION MARCH 22, 2021 ¦ S-27

Private ADR How Will ODR Use Continue?
The website of the American Arbitration Associa- The nuances of virtual hearings and Online Dis-
tion offers extensive options for virtual proceedings pute Resolution in general are under constant study
including the availability of specialists in those areas. and review. Several conferences and webinars on
Specific protocols have been developed for security and the topic have already been or will be held just this
customization; guides are available for both arbitration month. The ABA Section on Dispute Resolution, of-
and mediation in distant proceedings. Other national ten the laboratory of new ideas and best practices in
ADR organizations such as JAMS and CPR offer a wide ADR, offers a host of materials. In 2019 the section
array of information, options and resources. created a task force to study ODR, and it is develop-
Numerous programs and webinars are available. ing guidance for DR organizations, the courts and
For example, on February 24, the ABA presented a practitioners. It will report on its work in mid-April.
CLE webinar featuring Hon. John P. DiBlasi, former Meanwhile, experimentation and expanded use
Justice of the New York Supreme Court, Com- of virtual ADR processes continues. While it is too
mercial Division. Judge Di Blasi, who is now with early to make sweeping judgments or predictions
National Arbitration and Mediation, another ADR about their efficacy and further continuation or
entity, shared his extensive experience with virtual institutionalization, indicators to date suggest sub-
hearings and discussed a number of critical ethical stantial staying power. However, before permanent
and security issues which must be addressed. conclusions can be made, considerably more study,
research and evaluation is needed about ODR’s ef-
The Courts
Virtual ADR proceedings are not limited to private ficacy, cost and time savings and durability.
disputes handled outside the public judicial system. Those participating in such processes are well-
Last year, one issue of the ABA’s Dispute Resolution served to proceed with cautious optimism, while
Magazine carried two articles devoted to judicial ensuring that basic precautions are taken with each
ODR, one focusing on system design and the other as- process. Among these are screening disputes to
sessing the purpose of ODR in the courts. Doug Van identify impediments to the use of a virtual hearing;
Epps, director of the Office of Dispute Resolution at verifying the technological reliability of the platform
the Michigan Supreme Court reported that “all indica- on which the process will proceed; ensuring the pro-
tions are that courts, litigants and the public view ODR cess provides basic protections for confidentiality;
as a ‘win-win’ approach to making access to justice and satisfying concerns about critical ethical issues.
more affordable, efficient and convenient.” Nationally, Mr. Van Epps concluded that as “online tools have
distance hearings have been used in numerous settings forever changed the way we bank, play and purchase
ranging from small claims to family hearings. goods, ODR will surely change the landscape of dis-
The Connecticut Judicial Department’s website pute resolution.”
contains an extensive guide to remote hearings ODR has kept the pipeline of disputes flowing
addressing wide-ranging aspects of virtual hear- during the COVID crisis. But will it continue to
ings such as testimony of witnesses, screen sharing have appeal after Dr. Fauci sounds the pandemic “all
for documents not previously submitted, virtual clear” signal and things return to normal? Only time
courtroom etiquette and protocols and the use of will tell. But I’m betting on the virtual hearing’s stay-
hand-raising and chat features. Judge James W. ing power.
Abrams, Connecticut’s Chief Administrative Judge, ¦

Civil Division, reports a robust use of virtual hear- Harry N. Mazadoorian is the distinguished se-
ings in a number of areas, including but not limited nior fellow in the Center for Dispute Resolution at
to pretrials, Judicial ADR and numerous eviden- Quinnipiac University School of Law. He has been
tiary hearings, other than jury trials. He said there involved in the development, study and practice of
is reason to expect many of the processes, such as ADR at the state and national level for more than
pretrials, will continue beyond the pandemic. 4 decades.

CONNECTICUT
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