(a) Definition. In this Rule, “remote electronic participation” means simultaneous participation in alternative dispute resolution by means of telephone, video conferencing, or other electronic means from a place other than the physical location where the ADR is to be or ordinarily would be conducted.

(b) Generally. Any or all portions of an alternative dispute resolution or a prehearing conference may be in person or conducted by remote electronic participation. The ADR practitioner or ADR organization, in consultation with the parties, shall determine the format of an ADR. In making that determination, the ADR practitioner or ADR organization shall consider (1) the accessibility of the format to each party, (2) the technological competency of the ADR practitioner, (3) the ability of the format to provide for confidentiality of data and communications, (4) party preference, and (5) whether the format can be used in a manner that does not affect substantially the fairness of the proceeding.

(c) Participation of Interpreters; Attorney-Client Communications. A remote electronic participation process of an alternative dispute resolution or a prehearing conference shall permit interpreters to perform their function and permit confidential communication between attorneys and their clients during the alternative dispute resolution.

Cross reference: See Rule 1-333 for provisions concerning the selection, appointment, and use of an interpreter for a “proceeding” as defined in section (a) of that Rule, including a proceeding in which there is remote electronic participation.

Source: This Rule is new.