
Joel N. Kreizman
Partner
732-568-8363 jkreizman@sh-law.comFirm Insights
Author: Joel N. Kreizman
Date: May 28, 2020
Partner
732-568-8363 jkreizman@sh-law.comThe coronavirus (COVID-19) pandemic has forced us to change the way we conduct everyday activities. Court proceedings, arbitrations, and mediations are no exception, and parties to such proceedings increasingly rely on video conferencing to go “virtual.” While technology can allow proceedings to go forward during the pandemic, there are potential downsides to consider.
In New Jersey, courts have cancelled in-person proceedings, and a wide range of court events now proceed through phone or video conference. Since transitioning to virtual operations, New Jersey state courts have conducted more than 12,000 remote court events involving more than 80,000 participants, according to the New Jersey Supreme Court.
Arbitration and mediation proceedings are also being conducted online with greater frequency. JAMS and the American Arbitration Association are both offering virtual mediation and arbitration. The Financial Industry Regulatory Authority (FINRA) has also administratively postponed all scheduled in-person arbitration and mediation proceedings through July 31, 2020. FINRA Dispute Resolution is offering virtual hearing services (via Zoom and teleconference) to parties in all cases by joint agreement or by panel order.
New Jersey courts can and have required cases to proceed virtually; but in many cases, the parties are asked or required to give consent before proceedings are conducted remotely. It is important to understand the risks and benefits of virtual proceedings before making such a decision. The obvious benefit of virtual proceedings is that the parties can move forward without delay. Allowing proceedings to continue may help ensure that the time and resources already devoted to a case are not lost, and in appropriate cases, virtual proceedings may sufficiently resemble traditional proceedings to serve as an adequate substitute. Through the use of video conferencing platforms, such as Zoom, the parties, counsel, and the judge or other fact-finder can see, hear and engage with each other. Counsel can submit evidence and other exhibits, witnesses may be questioned, and the judge or fact-finder can render decisions. Virtual proceedings may, therefore, help parties achieve resolution of a matter in an efficient and timely manner.
Virtual hearings and trials cannot completely mimic in-person proceedings, though, so it is important to understand the potential risks and to assess the requirements of your particular case before committing to go virtual. The following are some of the considerations that counsel should consider before choosing to proceed virtually or if compelled to do so by a court.
These unprecedented times are forcing all of us to adapt. As we rely on new ways of doing things, there is always a learning curve. As always, educating yourself, and relying on experienced legal advisors to guide you, can help minimize the uncertainties.
If you have any questions or if you would like to discuss the matter further, please contact us at 201-896-4100.
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