Virtual ADR & Security – Frequently Asked Questions (FAQ) JAMS Mediation, Arbitration, ADR Services

Virtual ADR & Security – Frequently Asked Questions (FAQ)

What steps is JAMS taking to protect security and privacy while using Zoom?

At every step of the proceeding JAMS employs processes to help protect security & privacy:

Step One – Invitations and Joining the Proceeding:

• JAMS provides a unique meeting ID for each mediation session and arbitration hearing.
• JAMS begins every proceeding by using the “waiting room feature.” This feature ensures that only participants invited to the proceeding are granted access to the actual meeting.
• A JAMS moderator is assigned to every Zoom proceeding.
  • The moderator troubleshoots technical issues.
  • The moderator controls entry of the participants to the proceeding.
  • The moderator facilitates the use of break out rooms where needed or appropriate.

Step Two – The Proceeding:

• Once all participants have joined the session, the neutral and moderator have the ability to lock the meeting to prevent anyone else from joining.
• The neutral and moderator have the ability, and will, disable the recording function.
• The neutral and moderator will control the screen sharing function.

Step Three – Continuous Review and Training:

• JAMS provides ongoing training to neutrals and associates on best practices for virtual proceedings using Zoom.
• JAMS IT department monitors security developments regarding the use of virtual platforms such as Zoom and will update our processes as needed.

What alternative remote options are available for my case other than Zoom?

While JAMS is not able to control Zoom security policies and procedures and understands some clients have concerns with this platform, JAMS neutrals and associates have been trained to make the best use of the security protocols provided by the Zoom platform (see above). Parties to matters at JAMS have reported good results using the Zoom platform because of its ease of use and the fact that it is cost-free to them. However, should clients prefer another virtual option, JAMS has its own platform - Endispute™, operated by CourtCall™. 

Endispute™ via CourtCall™

JAMS offers Endispute™, a mediation platform provided by CourtCall™, for a modest additional fee. Endispute™ is a browser-based video and audio application that is easily accessible through a phone, computer or tablet. A CourtCall™ representative is available for the entire session to resolve any technical aspects.

Endispute™ also allows private breakout rooms for each party and document sharing capability. Endispute™ application security is the strongest encryption standard. Only authenticated callers are let into the call and each meeting ID is unique. 

Other Platforms

Should clients prefer another virtual platform, JAMS will work with the parties to accommodate the request. There are several alternative platforms available, including the following:

• Microsoft Teams (and Skype) - Users can host audio and video conferences with anyone. This platform provides features such as meeting note taking, screen sharing, meeting recording, and instant messaging.
  • A Microsoft Teams meeting can be locked by enabling the lobby setting and not allowing entrance into the meeting.
  • Appropriate for arbitrations or mediations based on available features.
• Conference Call (no video – please see below)
  • Appropriate for arbitrations or mediations.
• GoToMeeting™ –This platform includes features such as screen sharing, meeting recording, and instant messaging.
  • Provides each participant a password in order to enter the session.
  • The neutral has total control and can lock the room once the session begins to restrict others from accessing the videoconference.
  • Only appropriate for arbitration hearings based on available features. 
• WebEx: This platform offers features such as screen sharing, meeting recording, and instant messaging.
  • Provides each participant a password in order to enter the session.
  • The neutral has total control and can lock the room once the session begins to restrict others from accessing the videoconference.
  • Only appropriate for arbitration hearings based on available features.

Audio Only

If the parties prefer not to use videoconference, JAMS can arrange for a mediation session telephonically through the use of LoopUp. This platform offers unique features by allowing participants to join the session with a click of a button, users can see who is speaking, and provides the host the capability to mute background noise.

JAMS has found that LoopUp is highly reliable and has had success with it thus far.

Can I resolve my case through virtual ADR proceedings if there are HIPAA compliance issues?

Yes.  JAMS uses the Zoom HIPAA-compliant platform for all scheduled virtual proceedings, including mediations and arbitrations. This Zoom platform incorporates the necessary security features to satisfy the requirements of the Health Insurance Portability and Accountability Act (HIPAA). 

For additional information regarding Virtual ADR and HIPAA compliance, please visit the JAMS website at https://www.jamsadr.com/files/Uploads/Documents/JAMS-VIRTUAL-ADR-AND-HIPAA-COMPLIANCE.pdf.

For specific information regarding Zoom’s HIPAA compliant platform and its related security features, please go to https://zoom.us/docs/doc/Zoom-hipaa.pdf.

What is JAMS reaction to the lawsuit(s) filed against Zoom related to security?

JAMS is continually reviewing updates and news related to various online platforms and making necessary adjustments to our procedures as needed. Through the JAMS Institute, JAMS offers industry leading, ongoing training to its neutrals and associates on the use of available security measures from each platform. JAMS is instructing its neutrals and associates to take full advantage of security features in order for proceedings to be protected. 

With any virtual platform or electronic medium, security is an important factor. JAMS does not have an opinion on legal action by other parties, which is consistent with our position of neutrality. As with anything, there are no guarantees. If a client or party prefers any particular platform, JAMS will do its best to accommodate the request. Attorneys are encouraged to reach out to us directly to discuss their options.

Disclaimer / Notice:

JAMS is providing parties with top-quality Alternative Dispute Resolution Services when in-person proceedings are not possible.  Neutrals are available to conduct mediations, arbitrations and other matters via Zoom, EndisputeTM, conference calls and any other platform agreed to by the parties.  

Zoom has become a particularly popular platform for JAMS clients.  While JAMS is not able to control Zoom security policies and procedures, JAMS neutrals and associates have been trained to make best use of the security protocols provided by the Zoom platform.  Parties to matters at JAMS have reported good results using the Zoom platform because of its ease of use and the fact that it is cost-free to them.

For questions or concerns related to the security or privacy of any platform, please visit the website for that particular platform.