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Blinding Justice And Video Conferencing?, Elayne E. Greenberg
Blinding Justice And Video Conferencing?, Elayne E. Greenberg
Faculty Publications
(Excerpt)
How might dispute resolution processes for civil matters conducted on video conferencing be designed to reduce racial justice inequities and increase Black participants’ sense of procedural justice? In March 2020, responding to Covid-19 pandemic health concerns, all in-person, court-connected, and private dispute resolution processes shifted to video conferencing. Proponents of video conferencing have long touted how video conferencing would increase access to justice by providing an efficient, cost-effective, and time-saving alternative to in-person appearances. An unexplored question in March 2020 was how video conferencing would affect racial justice inequities. Black individuals and other marginalized groups were already disproportionately suffering …
Zooming In On Neutrals’ Implicit ‘Isms, Elayne E. Greenberg
Zooming In On Neutrals’ Implicit ‘Isms, Elayne E. Greenberg
Faculty Publications
(Excerpt)
Video conferencing, extolled for its economic and efficiency benefits, has now become an accepted option in the “new normal” of dispute resolution practice. Consequently, our professional discussions about video conferencing have advanced from sharing the mechanics of “how to” conduct an arbitration or mediation on Zoom to more nuanced explorations about the appropriate use of video conferencing. This column contributes to this exploration by questioning how dispute resolution processes conducted via video conferencing might trigger the implicit biases of arbitrators and mediators and compromise a neutral’s ethical obligation to be impartial. When a neutral conducts their dispute resolution processes …
The Unintended Consequence Of Settlement Fever And The Rule Of Law, Elayne E. Greenberg
The Unintended Consequence Of Settlement Fever And The Rule Of Law, Elayne E. Greenberg
Faculty Publications
(Excerpt)
Welcome to the final column of a three-part series about how settlement fever has influenced our justice system as it evolves into settlement-centric culture. This column will focus on how the rule of law, once touted as the primary benchmark of justice, has now taken a secondary role to private ordering when shaping some negotiated and mediated settlements.