Hon. F. Keith Brown, (Ret.), senior mediator and arbitrator at ADR Systems, and Michael Koss, ADR Systems’ former Business Development & Marketing Associate Manager, recently published an article in Law360 titled Three Cybersecurity Questions to Ask Before a Remote Mediation, which reviews cybersecurity considerations for attorneys as they ready for remote mediation proceedings.

Remote mediation has provided attorneys a means by which they can resolve disputes despite the challenges of the COVID-19 pandemic; however, these virtual settings are not without risks to privacy and confidentiality. Attorneys should be prepared to ask ADR providers a variety of questions about how remote sessions work to safeguard client information and satisfy ethical standards of the profession as they prepare to mediate case remotely. These questions include:

• How will I access the videoconference safely?
• How are sessions regulated and safeguarded in real time?
• How will we memorialize a settlement agreement, and how will it and other client information remain confidential?

“By asking questions about the safety of their client’s information,” wrote the authors, “[counsel] will not only be serving their client well, but also become more tech-savvy practitioners in the process.”

Read the full article on Law360’s website.

Download a PDF of this article about remote mediations.

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Hon. F. Keith Brown, (Ret.) has extensive experience in settling personal injury, workers’ compensation and commercial matters. As a mediator, he is known for his keen ability to easily connect with people and promote productive communications between all parties. Judge Brown is a beloved pillar of the community, who has been recognized numerous times for community service.

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