COVID-19 Reveals Inherent Advantages of ADR
CCBJ: You’ve served as the general counsel of NAM for almost 14 years. During your tenure there, how has alternative dispute resolution (ADR) evolved and improved?
Also, the quality of the neutrals that are available in private ADR now is better than ever. You really have the best of the best, both in terms of ADR experience and subject-matter experience. We have former trial and appellate level state and federal court judges in addition to attorneys with deep experience in a wide variety of subject matter areas that serve on our panels throughout the United States and internationally. The growth and acceptance of ADR has contributed to the finest jurists and legal practitioners transitioning to dispute resolution as their primary occupation.
Jacqueline Silvey: In the time that I’ve been with NAM, ADR has become more of a fixture in the legal landscape. I’ve seen a broader variety of case types moving to mediation and arbitration, and there has been an increase in the size of the cases, the number of parties and the complexity of the matters. You’re not just looking at simple two-party or low-value matters anymore, but rather multiple-parties with varying claims, complex legal issues and significantly higher dollar values at stake. The types of matters that we handle now are so much more diverse than they were 14 years ago.
The overall increase in the sophistication of the cases over the years has also resulted in an increase in the overall sophistication of the process. This includes everything from the different sets of rules and procedures that have been created for specific case types or for industry specific ADR programs, to technological advancements in the use of videoconferencing for mediations and arbitrations, state of the art conference facilities, and knowledgeable and experienced case managers who understand the nuances that come with specialized ADR programs and procedural rules.
Jacqueline Silvey, general counsel with NAM (National Arbitration and Mediation), discusses the changes she’s seen in alternative dispute resolution over the years, the current state of the industry, and where she sees it going post-pandemic.
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