In-Person or Virtual Services?

Arbitration and mediation services are provided either in-person or virtually, depending on the preference of the parties. I utilize Zoom as the virtual platform since I consider it to be the best “fit” for arbitrations and mediations. 

  • Some potential advantages and disadvantages of in-person processes:

  •  This is the traditional, well-understood process.

  • In-person hearings often have more “energy” than virtual hearings and may be less tiring than virtual hearings.

  • Some legal counsel consider in-person cross-examination to be more effective than in virtual hearings. However, other legal counsel disagree.

  • Some legal counsel consider in-person hearings to be superior when credibility will be a major issue. However, other legal counsel disagree. See comments below.

  • With respect to disadvantages, in-person hearings are significantly more expensive and less convenient than virtual hearings. Hearing rooms must be booked and paid for. Legal counsel, clients, witnesses and arbitrators must travel to the hearing location. If the arbitration is resolved without the need for a hearing, the hotel will often charge a cancellation fee for the hearing room. If the arbitration is outside of Edmonton, there are additional expenses for hotel rooms, travel expenses, and the time spent by the arbitrator travelling to the hearing location.

    Some potential advantages and disadvantages of virtual mediations and arbitrations:

  • Virtual hearings are very convenient. These types of hearings are easy to organize. Legal counsel, parties, witnesses and the arbitrator do not need to travel to the hearing. 

  • Virtual hearings are much more cost-effective than in-person hearings. The parties avoid costs associated with hearing rooms, travel expenses, and the arbitrator’s time spent travelling to hearing locations outside Edmonton.

  • My assistant arranges the virtual hearing and I host the hearing at no additional cost to the parties.

  • Separate virtual breakouts rooms are established for the employer and union for private discussions during the hearing.

  • If a matter is resolved, it is easy to cancel a scheduled virtual hearing even at the last minute.

  • I provide my “Guide to Virtual Labour Arbitration Hearings” to the parties and witnesses which includes easy-to-follow step-by-step processes. 

  •  With respect to potential disadvantages:

  • In mediations, some parties find it more difficult to “connect” with the other party when on a virtual platform as opposed to being in person.

  • Some grievors might not consider a virtual hearing to be the equivalent of having a true “day in Court.” 

  • All participants in the virtual hearing must have access to a reliable internet connection with sufficient bandwidth and access to a tablet or laptop. If a witness does not have access to appropriate technology, the parties can often make appropriate technology available to the witness at the parties’ office.

  • Parties and witnesses must be or become familiar with Zoom to effectively participate in the hearing. However, for most people Zoom is quite intuitive and easy to use.

  • Legal counsel must invest time in advance of the virtual hearing to ensure that exhibits and case law are handled efficiently and effectively during the hearing.
    With respect to the issue of hearings where credibility is a significant issue, some legal counsel prefer to have in-person hearings. However, my own experience is that credibility assessments are not made more challenging because a virtual platform is used rather than an in-person hearing. First and foremost, the demeanour of witnesses, as they testify and are cross-examined, is considered to be among the least reliable credibility indicators. In any event, given the technology and screens I use during virtual hearings, I have an excellent view of witnesses during their testimony.

    Ultimately, there are advantages and disadvantages to both in-person and virtual hearings. I am equally at ease with both and leave it to the parties to determine their preference. I am also available to discuss with the parties when booking the dates for the arbitration the relative advantages and disadvantages of proceeding in person or virtually, given the context and requirements of a particular case.