Construction Law

Is Remote Construction Arbitration Possible? featured image

Is Remote Construction Arbitration Possible?

Remote construction arbitration is possible and becoming more important because of problems in scheduling in-person meetings. Remote construction arbitration, or virtual arbitration, can be done due to the growing number of video conferencing platforms available today. 

In most ways, the arbitration functions like normal. However, there are specific things that needed to be worked out prior to and during the arbitration with a Nashville construction litigation attorney to facilitate remote proceedings.

Related: The Arbitration Process and the Construction Industry

Platforms and Legal Issues

The first thing that needs to be addressed is the decision of what platform to use. There are many different video conferencing platforms available with their own benefits and disadvantages. Getting both parties to agree on a single platform may prove to be difficult if either of the parties is already invested in one of those platforms.

For virtual arbitration to work, both parties have to agree to do arbitration remotely. In most cases, this should not be a problem. However, technical skills and resources will play an important role in whether or not parties are willing to do arbitration remotely. In some states, refusing to do remote arbitration may not be an option. If the arbitrator determines that there is not an acceptable reason to cancel the remote arbitration, he or she may be able to order a party to participate. 

When choosing a platform, it is important to consider legal and security issues. As well-designed as these platforms can be, they are not 100 percent secure. Keep this in mind when conducting arbitration so that all parties involved can avoid security issues and other legal problems. For example, both parties will still need a secluded place to conduct the arbitration, even though they are meeting in person. Otherwise, there may be issues with unauthorized parties listening in on the conversation.

Related: The Future of Videoconferencing in Construction 

Technology Challenges

Technology challenges may be a problem with using videoconferencing services for arbitration. Many of the videoconferencing technologies are relatively new, which may present challenges for some parties. The ability to effectively use technologies should be taken into account when determining whether or not remote arbitration can be effective. 

Getting the technology for remote arbitration is not difficult since all you need is a single computer with a video camera, microphone, and Internet connection. However, not every company has the technical support to be able to use the technology comfortably.

That being said, remote arbitration is becoming more popular and will continue to be an option in the future. If you feel that your construction business could benefit from virtual arbitration but you’re not sure how to proceed, don’t be afraid to reach out to a Nashville construction litigation lawyer from Cotney Attorneys & Consultants. 

If you would like to speak with a Nashville construction litigation attorney, please contact us today.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.