Ensuring Success in a Virtual Mediation

Virtual mediation emerged in response to the outbreak of the COVID-19 pandemic when the world was forced to social distance and work from home for safety precautions. Yet almost three and half years later, virtual mediations have remained commonplace and are preferred by many. Indeed, this practice allows parties to gather irrespective of their location, reducing the cost and time commitment. As a result, access to mediators with subject matter specialties is now more accessible, and key decision-makers and third parties that would have otherwise been unavailable can now easily participate. Virtual mediation is not the solution for every mediation, but it is an effective and cost-reducing option for some. Attorneys seeking to learn more about alternative dispute resolution (ADR) and the critical elements to consider when choosing and participating in virtual mediations will find this webinar a helpful guide for helping clients achieve the best possible outcome.
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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LAW & FORENSICS LLC – FOUNDER; JAMS – NEUTRAL; HARVARD – ADJUNCT;
Danie Garrie, Esq., is the Co-Founder of Law & Forensics LLC, where he heads the Computer Forensics and digital discovery Cybersecurity teams. Daniel has been a dominant voice in the computer forensics and cybersecurity space for the past 20 years, as an attorney and technologist. He is an adjunct professor at Harvard for Computer Forensics, and prior to Law & Forensics, he successfully built and sold several technology start-up companies. Since co-founding Law & Forensics LLC in 2008, Daniel has built it into one of the leading boutique firms specializing in cybersecurity and forensic engineering. He is a mediator, arbitrator, and e-discovery special master for JAMS and is a partner and head of Cybersecurity practice at Zeichner, Ellman & Krause LLP. Daniel earned both a Bachelor’s and a Master’s degree in computer science from Brandeis University, as well as a J.D. from Rutgers Law School. Daniel has led cyber and forensic teams in some of the most visible and sensitive incidents in the United States. He and his team have worked globally for two of the top five banks and dozens of the largest private and public companies in the world. In addition, Daniel has been awarded several patents for advanced cybersecurity and forensic platforms he built with his team, including TableTop.AI, CustodyTrack.IO, and Forensic Scan. Daniel is also well-published in the cybersecurity space and has authored more than 200 articles and books. His work is cited by Black’s Law Dictionary 10th Ed. defining the terms 'software', 'internet', and 'algorithm'. Lastly, he has been recognized by several United States Supreme Court Justices for his legal scholarship and is a trusted source and thought leader for cybersecurity articles and opinions, cited over 500 times to date.

Neutral | JAMS; Fellow | Harvard Program on Negotiation
Peter Kamminga, Esq., Ph.D., is a panelist at JAMS with over 20 years of experience as a mediator, arbitrator, and resolver of complex disputes. Prior to joining JAMS, Mr. Kamminga was a valued member of Judge Daniel Weinstein's global mediation team, where he established a strong reputation for effectively resolving high-profile and high-stakes disputes. Throughout his career, Mr. Kamminga has successfully resolved complex civil and commercial disputes involving multiple parties, intricate legal questions, domestic and global jurisdictional issues, substantial monetary values ranging from millions to billions of dollars. His repertoire, cultivated over the course of two decades, encompasses a diverse range of conflicts, including contentious matters in the commercial, construction, cyber and cyber security, energy, financial markets, bankruptcy, insurance (including directors & officers (D&O) and other coverage claims), post-M&A, product and professional liability, and technology sectors, among others. He also has experience with all types of business disputes including franchising and distribution cases, securities fraud, unfair competition, and various breach of contract claims. With legal training from both the U.S. (Stanford, Columbia, and Harvard University) and Europe, Mr. Kamminga’s robust dispute resolution practice includes both domestic U.S. disputes and cross-border matters. With a comprehensive understanding of both U.S. and European law, he is adept at navigating the complexities of different legal systems, differing mediation and arbitration styles, as well as the legal, economic, organizational, and human motivations driving individuals in their business and interpersonal disputes. Mr. Kamminga's fluency in English and Dutch, along with his strong working knowledge of German and French, enables him to effectively communicate and bridge language barriers. He has successfully resolved disputes involving parties from the US, Canada, Europe (Belgium, Denmark, France, Germany, Italy, Netherlands, Switzerland, and the UK), Africa, Asia (China and India), and Australia. As a mediator, Mr. Kamminga is known for his thorough preparation, effective use of pre-mediation calls, his in-depth analysis of briefs and exhibits, and his determination to get matters resolved. If the matter does not settle during the mediation session, he is relentless in following up and always makes himself available for continued discussions with the parties. He uses both directive and facilitative approaches depending on what is required to help resolve the matter at hand. An exceptional listener who swiftly grasps new issues, Mr. Kamminga asks tough questions that propel parties towards solutions that align with both legal requirements and make sound business sense. His skill as a mediator and his dedication to delivering effective dispute resolution outcomes has garnered recognition and trust from attorneys as well as their clients. As an arbitrator Mr. Kamminga is committed and carefully attunes the process to the parties’ preferences and striking a balance between the elements of efficiency and thoroughness of a fair arbitration process. He is committed to not unnecessary formalizing the process. Because of his cross-border experience he is sensitive to the intricacies of and differences between international versus domestic arbitrations. He is familiar with JAMS Arbitration rules and procedures, the Netherlands Arbitration Institute rules and the ICC rules.

Neutral | JAMS
Hon. Gregory M. Sleet (Ret.) joined JAMS after serving 20 years on the bench of the United States District Court for the District of Delaware, including seven years as Chief Judge. During Judge Sleet’s tenure on the District Court bench, he gained deep experience in a number of areas of complex commercial litigation, especially patent litigation involving pharmaceutical patents and a wide variety of other technologies. Judge Sleet presided over and resolved by pretrial ruling, trial, or settlement thousands of cases involving a wide variety of subject matter, including: intellectual property, antitrust, bankruptcy, class actions, business/commercial, pharmaceuticals and medical devices, products liability, and securities and tax. Judge Sleet focuses his national practice on mediations, arbitrations and neutral analysis (case evaluation, mock trial). Before taking the federal bench in 1998, Judge Sleet acquired varied experience in civil and criminal litigation and corporate legal work. He served as the United States Attorney for the District of Delaware, as in-house counsel in the legal department of Hercules Incorporated, and as deputy attorney general handling major civil cases for the State of Delaware .Prior to that, he practiced law in Philadelphia for 14 years, six of those as an assistant public defender with the Defender Association of Philadelphia. Judge Sleet is a frequent speaker on patent litigation. Select examples of speaking engagements include: RPX, the Rocky Mountain Intellectual Property and Technology Institute, the Sedona Conference, the USC Gould School of Law, the New York Intellectual Property Law Association’s (NYIPLA) symposium on patent litigation, the Practising Law Institute, and ACI.

Partner | Manatt, Phelps & Phillips, LLP
For nearly 40 years as a practicing lawyer, John Libby has litigated numerous complex and challenging business and commercial cases in state and federal courts, arbitration proceedings, and government investigations and enforcement actions, trying nearly two dozen trials and arbitrations to judgment. He has participated in dozens of mediations, as counsel and as a mediator, and bring to the mediation process both years of broad experience and specialized focus in several key areas, including healthcare, financial services, and corporate governance. After retiring from the practice of law, John Libby started Libby ADR in February 2024 and is now a full time neutral.