A Q&A on Virtual Arbitrations during Covid-19

As Covid-19 sent everyone into shelter-at-home mode, virtual arbitrations quickly became a standard practice. In a recent interview through the New York State Bar Association, Arbitrator Kyle-Beth Hilfer sat down for a Q&A about  presiding over a virtual hearing during the pandemic.

The New York State Bar Association’s Dispute Resolution Section hosts Resolution Roundtable as a forum for discussion. On June 26, 2020, the Resolution Roundtable published its interview with Kyle-Beth Hilfer. She discusses her prior experience with virtual hearings, choice of video platform, and party consent. In addition, she describes a video hearing she had just conducted via Zoom, explaining the case management procedures, the use of breakout rooms, witness appearances and credibility, and document sharing. Ms. Hilfer describes a positive experience for all participants. She stressed that with proper planning, practice, and protocols, video hearings can provide fair, impartial, and thorough adjudication of parties’ disputes.

Finally, Ms. Hilfer predicts how virtual hearings might fare in the future of arbitration.She believes video hearings will still be useful and preferable for some cases. In cases where parties are involved with a multi-day hearing with participants from different locations, video hearings could result in substantial financial savings. She also believes video hearings may serve a useful function in the preliminary stages of the case, during initial preliminary hearings and substantive status hearings involving motion practice.  Using video technology early in the case would acclimate counsel in the event the parties decide to use video hearings for the main hearings.

To read the entire interview with Resolution Roundtable, click here.

Kyle-Beth Hilfer has experience conducting video arbitration hearings. She constructs administrative protocols for these hearings that manage issues around confidentiality, security, document exchange and presentation, witness testimony, and technology failure. In addition, she has experience with a variety of technologies, including Zoom, WebEx, GoToMeeting, and TeamViewer. You can read more about her Dispute Resolution practice here.