In this round of Arbitration Tips-N-Tools, Professor Amy Schmitz asks some of the leading arbitration practitioners about drafting Arbitration Clauses, especially in a digital world and faced with the complexities of the Covid-19 pandemic.
Round 7: What are your 3 top tips and/or tools with respect to drafting Stepped Processes in an Online Environment – especially in the digital era and complexities of Covid?
Step 1 – Before determining any processes in a two–step mediation and arbitration (med-arb) start with contemplating whether it is a good idea for you as the ADR professional to assume the role of mediator and then as arbitrator. Think carefully about the inherent drawbacks. For a more detailed analysis of this issue, see here.
Stay tuned for more Arbitration TNT by Prof. Amy Schmitz coming your way next week.....