TODAY’S GENER AL COUNSEL FALL 2020
However, we often do not want to share exhibits in advance. Reporting services well versed in remote depositions have a means for sharing screens and uploading documents as the deposition goes along, much like an in-person deposition. Again, knowing the technology used by the reporter is vital, as a number of different platforms are being used. Organization is key. Another unique remote deposition consideration relates to ethics. Steps need to be taken to ensure against improper communications between the witness and counsel during questioning. When no one else is in the same room to verify if inappropriate communications are taking place, entering into stipulations and making a record is a big step towards maintaining the sanctity of the deposition. Of course, it is important that everyone involved has access to the necessary technology. Some court reporting agencies have kits they can provide to ensure that the deponent can be deposed remotely. Further, maintaining deposition security requires that people don’t have
mediations — single plaintiff, multiple plaintiff and class/collective actions — have resolved at, or as a result of, the remote mediation. Of those matters that did not resolve, only a small percentage are cases in which the attorney thought the case would have resolved during an in-person mediation. To make remote mediations costeffective and efficient, there are several tips to consider. Preliminarily, it is important to know your mediator. If you are going to use someone whom you have not previously used, consider scheduling a pre-mediation call. Make sure that your mediator knows, and is comfortable with, the technology. She or he will be going from virtual room to virtual room. Ease with this process will make the whole mediation go smoothly. As always, submit your best possible brief. The more groundwork you lay in advance for the mediator, the more efficient the process will be. Always confirm that the party on the other side is participating. Nothing is more frustrating than a mediation where one party is either not participating or being kept in the dark, and all information is filtered through BEFORE ANY VIRTUAL the party’s attorney. PROCEEDING, IT IS VITAL Confirm with the mediaTO UNDERSTAND HOW THE tor that the party, and not just the attorney, will be PLATFORM IS BEING USED. participating. The one factor that these too much technology in the room where two uses of technology have in common the deposition is being taken. Turning is efficiency. Time and costs associated off Alexa and similar devices is vital to with lengthy travel are eliminated, and ensuring privacy and security. breaks in depositions and mediations can Conducting mediations via video is easily be used to attend to other matters. another new use of technology. LawWhile the jury is still out, it is becoming yers and clients alike were initially very clearer that these novel uses of technology reluctant to diverge from the formula of are here to stay. Learning the challenges, a mediation — force parties into a room overcoming them and capitalizing on the with their counsel and a mediator, stare efficiencies will help everyone thrive. them down and make a deal. todaysgeneralcounsel.com Covid-19 has forced us to be flexible, and the results have been impressive. A survey of the video mediations conducted by Littler since March has revealed that more than 75 percent of all remote
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