Despite my more than 10 years of experience as a mediator and arbitrator, each case brings a new set of challenges: a constellation of unique personalities, an unfamiliar or novel business or product, or toxic relationships among the individuals involved. Cases involving senior executives have always posed their own set of challenges because the plaintiff or claimant, who usually has been enormously successful for most of his or her career, suddenly finds herself or himself demoted or out of a job entirely. The executive alleges that he or she is the victim of discrimination or retaliation, and the company answers by claiming that the decision to terminate was motivated by poor performance or, worse, serious misconduct. Millions or even tens of millions of dollars can be at stake.

The COVID-19 pandemic has impacted significantly the way that mediations and arbitrations are conducted. This article addresses some of the challenges to success and shares some insights and best practices that have proven to be useful in this virtual world.

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