Zooming Towards Resolution: Guide to Ensuring Success in a Virtual Mediation

Overview of Zooming Towards Resolution: Guide to Ensuring Success in a Virtual Mediation

Virtual mediation emerged during the COVID-19 pandemic and has remained commonplace, allowing parties to gather irrespective of location while reducing cost and time. This seminar reviews the critical characteristics and stages of mediation, when and why parties should mediate, the potential benefits of virtual mediation (flexibility, cost savings, productivity), its potential challenges (technical issues, communication limits, confidentiality), and best practices from mediators and counsel to ensure a successful virtual mediation.

What you’ll learn in Zooming Towards Resolution: Guide to Ensuring Success in a Virtual Mediation

• Explain the characteristics, stages, and parties of mediation
• Determine when and why parties should choose mediation
• Weigh the benefits and challenges of virtual mediation
• Apply best practices to ensure a successful virtual mediation

Curriculum

1. 1. Zooming Towards Resolution: Guide to Ensuring Success in a Virtual Mediation

   In this online seminar, our expert panelists begin by reviewing the critical characteristics of mediation, including its stages and the parties involved. Next, our speakers provide context for when parties should choose mediation and its general benefits. The conversation then dives into the topic of virtual mediation specifically and its potential benefits, including flexibility, cost savings, and increased productivity. Our experts then note some of the potential challenges that can arise with virtual mediation, such as technical issues, communication limitations, or confidentiality concerns. The webinar concludes with a review of the best practices to ensure successful virtual mediation from the perspective of mediators and counsel that have represented parties involved in mediations.

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Your instructors

Daniel B. Garrie

Founder, Law & Forensics; Neutral at JAMS; Faculty at Harvard

Law & Forensics LLC · JAMS · Harvard · Rutgers Law School · Journal of Law & Cyber Warfare

Daniel B. Garrie is the founder and executive managing partner of Law & Forensics LLC, a boutique cybersecurity and forensic engineering firm he co-founded in 2008. He serves as a neutral, arbitrator, and forensic special master at JAMS, focusing on cybersecurity, cryptocurrency, and complex technology disputes, and holds faculty appointments at Harvard and Rutgers Law School. A patented software inventor and prolific author, he is editor-in-chief of the Journal of Law & Cyber Warfare and a widely cited authority on computer forensics, eDiscovery, and cyber litigation.

Gregory M. Sleet

Neutral, JAMS (Hon., Ret.)

JAMS

The Honorable Gregory M. Sleet (Ret.) is a neutral at JAMS who joined after serving 20 years on the United States District Court for the District of Delaware, including seven years as chief judge. On the bench he presided over roughly 6,400 civil cases, among them more than 2,000 patent cases, and authored over 1,200 opinions. Before his 1998 appointment he served as United States Attorney for the District of Delaware, as in-house counsel at Hercules Incorporated, and as a deputy attorney general for the State of Delaware.

Peter Kamminga

Mediator and Arbitrator, JAMS

JAMS · Harvard Program on Negotiation

Peter Kamminga, Esq., Ph.D., is a mediator and arbitrator with JAMS, based at its New York Resolution Center, where he also serves as a court-appointed neutral (referee/special master) and neutral evaluator. His caseload covers antitrust, bankruptcy, class actions, cybersecurity and privacy, financial markets, insurance coverage, securities, and international and cross-border disputes. Before joining JAMS he founded Kamminga Mediation and served on the Weinstein Mediation Team, gaining extensive experience working alongside Hon. Daniel Weinstein (Ret.). He was a postdoctoral fellow at Harvard Law School's Program on Negotiation and holds a Ph.D. from Tilburg University and an LL.M. from Columbia Law School. At Legal Cyber Academy, Peter Kamminga teaches on conducting successful virtual mediations.

John Libby

Mediator and Arbitrator, Libby ADR LLC

Manatt, Phelps & Phillips, LLP

John Libby is a mediator, arbitrator and settlement counsel at Libby ADR LLC in Los Angeles, and the founder of Libby Corporate Investigations, which manages internal investigations for boards of directors, audit committees, special litigation committees and senior management. He serves on the American Arbitration Association's healthcare panel, handling payor-provider, partnership and patient care disputes. He was a partner at Manatt, Phelps & Phillips from 1995 to 2024 in its Trial, White Collar and Investigations Practice Group, and before that an Assistant U.S. Attorney in the Central District of California from 1989 to 1995. He holds a J.D. from Yale Law School and a B.A. from Stanford University. At Legal Cyber Academy he teaches on running a successful virtual mediation.