Stephen Douglas Bonney Arbitrator & Mediator

ADR Safety during the Pandemic

More than three years into the pandemic, COVID-19 infections are still with us.  Although the virus has now become endemic, I’m a firm believer in taking reasonable precautions in order to hold safe in person hearings. 

At this point, it is possible to hold a safe in person hearing if we implement the following precautions.

General Requirements for In Person Hearings:

• Large Room/Physical Distancing: The hearing must be held in a large space that has adequate airflow and offers the opportunity to engage in meaningful physical distancing of at least six feet between each participant.

• Attendance Limits: I will strictly limit the number of people allowed in the hearing room at one time. Ideally, this would mean each party would have one advocate and one party representative present along with the grievant, the testifying witness, and me. I do not require a transcript of the proceedings, and – in fact – when the parties have one, I rarely look at it. Nonetheless, I will permit the parties to have a court reporter if they deem a verbatim transcript essential to the process.

Health Requirements for All In Person Attendees:

• People Not Allowed in the Hearing Room: The following people will not be allowed to be physically present in the hearing room:

  • People who have tested positive for, been diagnosed with, or had symptoms of COVID-19 within 7 days of the hearing unless they certify that they have taken a COVID-19 test and tested negative within 24 hours of the start of the hearing.

  • We will take video or telephone testimony from any witnesses who cannot appear in person. If the grievant cannot appear in person, we will discuss options, including continuing the hearing to another date, holding the hearing by videoconference, having the grievant appear at the hearing by video, etc.

• Masks: Masks are optional. If any participant requests masking (because they are immune compromised, etc.), however, I will convene a conference call with the advocates to discuss how we should proceed in light of the masking request.

• Upon request, I am happy to convene a conference call with the advocates to discuss safety protocols.

Videoconference Option:

With the proper technology in place video hearings and mediations are adequate substitutes for most, if not all, in person proceedings.