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To Zoom or Not to Zoom, That is the Question

To Zoom or Not to Zoom, That is the Question

Presented by Santa Clara County Trial Lawyers Association

This program featuring JAMS neutral, Hon. Kevin E. McKenney (Ret.), will cover:

  • Virtual ADR, is it over or is it here to stay?
  • How has the legal profession adjusted to virtual ADR?
  • Once Pandemic restrictions have been lifted or have slipped away, will the legal profession return to in-person, face to face, practice?
    • As in many aspects of legal practice, there’s a balancing test for in-person or virtual practice.
  • What factors are weighed in this balancing test?
  • Virtual ADR, what are the benefits? The burdens?
    • Benefits: Saving time, money, environment, avoiding frustration and inconvenience, travel
    • Burdens: Loss of interpersonal contact, schmoozing, eye to eye evaluation of witnesses or parties
  • Utilizing virtual ADR, how can you maximize the benefits and make the process less stressful?
    • Preparation
    • Professional assistance offered by JAMS - Moderator, pre-hearing test run, availability of trained staff, DocuSign for settlement agreements, hybrid ADR (combination of virtual and in-person)
    • Trial tips “when mediation fails”
  • What to do? What not to do?

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