New York Dispute Resolution Lawyer
Video conferencing, extolled for its economic and efficiency benefits, has now become an accepted option in the “new normal” of dispute resolution practice. Consequently, our professional discussions about video conferencing have advanced from sharing the mechanics of “how to” conduct an arbitration or mediation on Zoom to more nuanced explorations about the appropriate use of video conferencing. This column contributes to this exploration by questioning how dispute resolution processes conducted via video conferencing might trigger the implicit biases of arbitrators and mediators and compromise a neutral’s ethical obligation to be impartial. When a neutral conducts their dispute resolution processes via video conferencing, how might communicating via video conferencing amplify a neutral’s existing implicit biases or create new implicit biases that shape a neutral’s assessment of the participants? Colleagues, please join me in this evolving conversation.