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Tools for ODR

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    • #48496
      Laura SkillenLaura Skillen
      Keymaster

      What tools do you use to conduct online mediations? What works and what doesn’t?

    • #48505
      Susan AndrewsSusan Andrews
      Participant

      Video, audio and messaging conferencing via Zoom is an industry standard for technological venue.

    • #48507
      Deborah MasucciDeborah Masucci
      Keymaster

      ZOOM is the standard but other technologies are adding to the options open to the ADR community. These include https://www.bluejeans.com and webex. The option to use depends on who are the parties and their capabilities. Large corporations and law firms have security protocols that must be followed and therefore restrict the options available.

    • #48510
      Deborah MasucciDeborah Masucci
      Keymaster

      Kudos to the ICC and its arbitrators for using ODR in an arbitration proceeding. From Mike McIlwrath who is in one of the epicenters:
      Here’s a development that would have been unthinkable a few months ago.

      As reported in the Brazilian press about an ICC arbitration with a 2-week hearing scheduled to start March 9 with 70 participants from around the world, and arbitrators in Galicia, Spain and Rio and Sao Paolo in Brazil. The first week was concluded in person. As a result of the pandemic (possibly a restriction of the venue), the hearing could not continue in-person. Postponing the hearing would have been – understandably – incredibly disruptive. So instead, it continued as planned, but was moved on-line, using Zoom.
      The report below said that things worked fine.
      https://exame.abril.com.br/negocios/a-pandemia-na-maior-arbitragem-societaria-do-pais-a-disputa-pela-eldorado/

      From Google Translate:
      The new coronavirus pandemic hit the hearing period for the largest Brazilian corporate arbitration, the dispute for control of the pulp and paper company Eldorado, between the J&F groups, of the Batista family, and Paper Excellence, of the Widjaja family, from Indonesia .

      For some time it was predicted that the hearing should start to be conducted the week of March 9, an effort of days and days.

      Due to the period of quarantine imposed by authorities in several countries, the second week of testimony was moved to Zoom’s electronic conference environment. The arbitration takes place by the International Chamber of Commerce (ICC) and the hearings should be held in São Paulo.

      The arbitral tribunal is chaired by Spaniard Juan Fernandez Arnesto. The other two are carioca Anderson Schreiber and paulista José Emilio Nunes Pinto.

      The first week had the meetings held in person, from Monday, March 9 until the morning of Thursday, the 12th. But last week, hearings had to be held via Zoom, with more than 70 participants, between Tuesday Friday, 17, and Friday, 20. Delaying the process was not an option for the parties, who have been fighting for a year and a half.

      One arbitrator was in the region of Galicia, in western Spain, another in the interior of São Paulo and the last, in Rio de Janeiro. At the meeting, there were people participating from Singapore, London and New York. Those who participated swear that everything worked perfectly. It was possible to attach highlighted documents, power point presentations and the president could cut the sound of anyone who broke the rules.

      There are those who believe that this quarantine period will revolutionize many of the habits, accelerating the use of technologies, and that the arbitration discussions may be on the list of events modified in a definitive way. The holding of the meeting in the new format did not depend on the approval of the ICC, only the permission of the Arbitral Tribunal. Everything was organized by the parties.

      The Eldorado case
      The arbitration for the control of Eldorado officially started about a year ago, with the finalization of the choice of arbitrators. Now the hearing season has taken place and the expectation is that the result will be close to July.

      Under discussion is the definition of who owns Eldorado. The company was sold in September 2017 by the Batista family, in the midst of the crisis generated by the brothers’ complaint, for R $ 15 billion. This total was divided almost equally between the value of the company’s shares, that is, the partners’ money, and the debts of the business.

      At the start, Paper Excellence paid R $ 3.8 billion and took over just 49% of the company, leaving the absolute majority of the capital in the hands of the J&F family. When a year later it was time for the payment of the remaining slice plus the exchange of collateral on debts, the fights started.

      On the one hand, J&F says that Paper Excellence did not present the resources to honor the commitments and, therefore, wanted to change the entire form of execution of the contract, and on the other hand, the international group claims that the Batista family made it difficult for the process, sorry for the transaction value due to the high international pulp price season verified right after the agreement was closed.

      The process will define who actually owns Eldorado and how it will be established.

    • #48590
      Pierangelo BonannoPierangelo Bonanno
      Participant

      I think that it is essential to begin with, clear and precise information to the parts and lawyers before the start of the meeting, to reach a successful agreement.
      Online mediations need excellent case managers !

    • #48683
      Joanne LawJoanne Law
      Participant

      We use and recommend zoom because it has some features you really need as a mediator.

      The ability to put parties into the waiting room or breakout rooms for private conversations or shuttle mediation

      The ability to provide a meeting link

      A meeting number rather than a system that exposes parties email addresses

      We’re also working with an Australian Company http://www.familyproperty.com.au who have a software solution for property settlement mediation which is much better than excel which is our other alternative. Legal tech is the way to go for more complex matters.

      We use an online risk assessment tool (DOORS) which helps with risk assessment for family law mediation by pre-screening and identifying risk factors

      We’re also starting to use MODRON which is a mediation case management tool which is excellent for commercial mediation with a built-in video tool

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