Arbitration
ADR Bounces Back, Changed But Strong, in Face of Pandemic by Dana Richens
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ince the onset of the COVID-19 pandemic in March of this year, America’s courthouses have been shuttered to varying degrees. Some courts are open for some limited types of business, but many remain closed to jury trials and other proceedings that require packing large numbers of people into small courtrooms that in many instances are not equipped with state-of-the-art HVAC systems. But dispute resolution in America has not come to a standstill. Instead, companies that provide alternative dispute resolution, or “ADR,” services – namely, arbitration and mediation – are back to pre-COVID case levels. Along the way, one thing has changed dramatically: the vast majority of ADR proceedings are now being conducted virtually, with some or all of the parties, attorneys, witnesses and neutrals appearing via Zoom, Webex or other similar platforms.
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In the “Before Times,” a typical weekday would find the offices of Atlanta’s Henning Mediation and Arbitration Services teeming with lawyers and clients working with Henning neutrals to mediate
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and arbitrate cases. In the afternoons, the aroma of freshly baked cookies, or hot popcorn, would permeate the office, perhaps intended to coax each party to his or her own “happy place” and thereby closer to a conciliatory mindset. Like many other businesses, Henning closed its office when the pandemic struck in March, and the caseload dropped. The office reopened on June 1. While Henning’s caseload has gradually returned to pre-COVID levels, the atmosphere is entirely different now. According to Henning’s president, Dave Henning, the organization is averaging fewer than one proceeding per day conducted inperson in the office. The rest of the matters have moved online – to virtual proceedings conducted either entirely remotely, or as a hybrid with some participants in the office and others participating remotely.
© 2020 Smith, Gambrell & Russell, LLP
