e-bulletin No. 108 - September 2020

This e-Bulletin tells you about the outcomes of the Commission’s first pilot to conduct dispute resolution online using the platform Modron Spaces (First Modron Pilot) and announces a second pilot (Second Modron Pilot).  If you act for parties in Commission matters, you need to read this e-Bulletin closely.

Please also regularly consult the Commission’s Virtual Venue Centre on our websiteat https://www.wcc.nsw.gov.au/virtual-venue-centre (discussed below).

Outcomes of first Modron Spaces pilot

e-Bulletin No. 104 described the Commission’s physical and virtual venue strategy and outlined the First Modron Pilot.  During the First Modron Pilot, the Commission also used
MS Teams and investigated other online platforms, including Immediate and Zoom.

The First Modron Pilot points to the following:

• The need to further test Modron Spaces and investigate Zoom.  (More information about Zoom and potentially other platforms, will follow.)
• Arbitrators, mediators, legal representatives and insurers (Users) need training, strong concierge support and experience in online dispute resolution, before they are comfortable and able to fully participate in a hearing or conference by audio visual link (AVL).
• Users’ attitudes to online dispute resolution and their technical competence are critical to successful online dispute resolution.
• Most Users quickly move frombeing resistant or ambivalent about online dispute resolution tosupporting it.  The keys to that journey are:
  • Receiving Support – Training and access to a strong concierge service.
  • Acceptance that online skills are the new literacy – Some Users declined to acquire online skills, preferring to wait until “things get back to normal”.  As noted in e-Bulletin No 104, the Commission will maintain some online dispute resolution after COVID-19 recedes and it will provide competency accreditation to Users who train in its preferred online platform (once the platform is selected).
  • Attitude – Willingness to learn and accept that mastery will notbe immediate.
• Internet – Access to an Internet connection that offers adequate speed and is reliable during video conferences and hearings (some barristers’ chambers provide poor access and the Commission will work with the Bar on this issue).
• Equipment – Access to a device with a good quality speaker, microphone (preferably through a headset to eliminate background noise) and a camera

Commencement of second Modron Spaces pilot

Purpose

The purpose of Second Modron Pilot is to increase the number of Users who experience the platform.  This will assist the Commission to decide which AVL platform will most likely deliver a successful virtual venue for online dispute resolution.  A successful virtual venue will produce the following outcomes relatively quickly after adequate training and concierge support:

• Users will confidently conduct their events without being distracted by managing the technology associated with a virtual venue.
• Arbitrators and mediators will confidently guide participants in the use of the platform and ‘normalise’ the conduct of events on a virtual platform for participants.
• Legal practitioners will confidently guide their clients and ‘normalise’ participation in conciliations/arbitrations (con/arbs) or mediations on a virtual venue for their clients.

Duration and the number of matters

The Second Modron Pilot will formally run from 3 September 2020 to 18 December 2020.

The Second Modron Pilot is scheduled to conduct 90 matters, and this will be increased if demand warrants it.  Users are increasingly seeking online dispute resolution where cross-examination of witnesses is required.

Events and participants on the pilot

Con/arbs will be conducted in the pilot where agreed by the arbitrator and the parties.  Typically, this issue will be discussed at the teleconference stage.  It will be essential to ensure the worker is able to participate by AVL.

Mediations will be conducted in the pilot after consultation between the Commission, the mediator and the parties.  Again, it is essential that the worker can participate by AVL.

Training is available for all Users

Modron Spaces will deliver the following training sessions, all of which will be recorded and will be accessible on-demand by the target group:

Invitations will be issued shortly.

Setting participants up for success

If your matter is listed to be conducted using Modron Spaces:

• You will receive an email from the Commission advising you that the matter will be conducted using Modron Spaces.  The email will give you some important information and it will seek specific contact details about you and the participants for your client; and
• Each participant for your client will receive an email from Modron Spaces, not less than
  5 business days before the event, which firstly will provide a link that will allow them to test if their device is appropriate and secondly establish an appointment for the familiarisation process.
• Modron Spaces will also send each participant a calendar invitation for the scheduled event.

Concierge support: standard and enhanced

Standard Concierge:  Modron Spaces will email each participant as discussed above and will conduct a familiarisation session with each participant.  Modron Spaces will also assist participants when they are connecting to an event and participants will be able to contact Modron Spaces for assistance during any matter being conducted on the platform.

Enhanced Concierge:  If a matter is particularly complex, Modron Spaces will not only provide all the features of Standard Concierge, it will also sit through the entire event, to assist the parties.  Access to Enhanced Concierge will be determined by the Commission in consultation with the arbitrator or mediator.

We want your feedback, please!

After you participate in an event conducted on Modron Spaces, you will receive an online survey.  Please respond to the survey, as we genuinely want your feedback which will be critical to the success of the pilot and final selection of the AVL platform.

Do you have questions or want more information?

Please go to the Commission’s Virtual Venue Centre on our websiteat https://www.wcc.nsw.gov.au/virtual-venue-centre (discussed below)

Establishment of Commission’s Virtual Venue Centre

The Virtual Venue Centre will be a valuable resource for stakeholders and users of the Commission’s dispute resolution services.  It will have a dedicated section on the Commission’s website landing page.

The Virtual Venue Centre will be updated regularly with information about the Second Modron Pilot, including training in the use of Modron Spaces, email templates that you can expect to receive, survey questions, links to recorded training sessions, FAQs, peer support champions for the pilot in the legal profession and contacts at the Commission.

The link to the Virtual Venue Centre is https://www.wcc.nsw.gov.au/virtual-venue-centre.

Judge Gerard Phillips
President