Even prior to the world entering the CV-19 era, major mediation, arbitration and litigation, both domestically and globally, were becoming increasingly complex proceedings involving multiple parties, counsel, jurisdictions, venues, experts, witnesses, decision makers and complex facts, law, legal systems and procedural rules. The more complex of these disputes can and often do involve parties, counsel, witnesses, experts and decision makers who are spread across the United States, various countries and even continents. Frequently, claims and responses, briefs, documents and orders are sent or received electronically, witnesses and experts are deposed, examined or presented telephonically and via videoconference. Similarly, mediation, arbitration and litigation conferences and pre-trial conferences are routinely conducted telephonically or via some other multi-party technology. The conduct of time efficient, cost effective and fair mediations, arbitrations and litigation would be impossible without the intercession and competent use of ever advancing connection-oriented technologies. These proceedings would be unmanageable and beyond the reach of effective advocacy without the use of technology. When that management and advocacy must be done remotely, the degree of difficulty increases exponentially. This was true before CV-19, it is true now and it will be true as we move into the future. Given this reality, it is imperative that participants be well informed, competent and effective in the availability, appropriate use and deployment of remote technology tools to support effective advocacy and complex proceeding management. This program, delivered by prominent and experienced mediators, litigators, mediators and arbitrators is the first in a three part series that will explore and present current views, leading edge thinking, and best practices regarding the use of remote technology tools to facilitate advocacy and management of complex mediations, arbitrations and litigation.
This program is the first in a three part series focused on advancing legal counsel’s knowledge, utilization and competency in the use of remote technology to conduct legal proceedings. This Part 1 is A Primer for California Counsel, which will provide an overview of the state of the art in the use of Remote Technology Tools (RTTs) in arbitrations in litigation, arbitration and mediation and how best to transition from in-person practice to online practice. The speakers will make the case for the effective use of these tools, discuss the challenges and opportunities associated with their use and proffer best practices gleamed from their experience and actual use of technology in complex proceedings in California and beyond.
Moderator: Reginald A. Holmes
Speakers: Gary Benton and Sarah E. Reynolds
California Lawyers Association