Since mid-March, most of California has been in some stage of pandemic lockdown or another. In April, I shared my video hearing procedures and an increasing number of parties are willing to conduct their arbitrations and factfinding hearings via videoconference.
There are a few employers and unions, however, that prefer to have their hearings in person. I’ve done two. In both cases, the hearings were held in large conference rooms with lots of hand sanitizers and breaks to air out the room. Everyone wore masks. It’s an inferior experience because we can’t see each other’s faces, and the court reporters have a difficult time hearing people whose voices are muffled and are seated far away.
Other parties continue to request in-person hearings, and after discussion with fellow arbitrators and some research into the best way to proceed, I’ve decided to change my policy to only schedule in-person hearings in California counties which have moved into the lowest current tier (Yellow tier). This seems like a data-based approach that will be clearly understood by parties. The yellow tier means that there are fewer than 1 cases per 100,000 people, and indicates that it is likely safer in that area. It also means I won’t have to decide whether or when to return to in-person hearings; the state of California can decide for me.
Things are looking good today. California just moved 40 counties back into the purple tier because of elevated case loads throughout the state. Hopefully, swift action will help the spread of COVID and we can all get back to in-person soon.