Arbitrator Resource Guide for Virtual Pre-Hearing Conferences

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Getting Started

What You Need

  1. A PC, laptop, or large tablet (with built-in camera and microphone):
    1. If available, a large screen is better, particularly for pre-hearing conferences with many participants.
    2. If a PC, laptop, or large tablet is unavailable, a smart phone may be used in some circumstances (noting that the screen is smaller and not optimal).
  2. Notepad and pen, as the screen you are using to participate in the virtual pre-hearing conference may not be available for other purposes, such as taking notes or viewing documents through the DR Portal.
  3. A high-speed internet connection. If available, a hard-wired internet connection is preferable to a wireless internet connection.
  4. A quiet, private location and neutral background. See Effective Practices for more information.
  5. If available:
    1. Dual monitors (or a single monitor and a laptop screen). This allows the virtual pre-hearing conference to appear on one screen, while the other can be used for other purposes, such as viewing documents through the DR Portal or taking notes.
    2. A good quality webcam.

Additional Considerations

Additional considerations that the Panel should be aware of include:

Fairness and Impartiality

  1. The platform must allow parties to present evidence and testimony, including direct and cross-examination of witnesses.
  2. All persons must be clearly identified before the virtual pre-hearing conference begins.
  3. Any relevant documents must be clearly identified, disclosed, and provided to the Panel.
  4. The Panel must postpone the virtual pre-hearing conference until further notice if the Panel believes the virtual pre-hearing conference will result in unfairness to any party.

Confidentiality and Security

FINRA has taken additional measures related to the security of virtual pre-hearing conferences held via Zoom. See FINRA's Security Considerations for more information.

In addition to FINRA's security measures, the Panel should:

  1. Require that only the parties, party representatives, and any other relevant individuals to the proceeding be permitted to participate in the virtual pre-hearing conference.
  2. Discourage the use of virtual backgrounds so that the Panel can clearly see the videoconference location and ensure that there are no unauthorized attendees.
  3. Prohibit the recording of the virtual pre-hearing conference (other than any official FINRA recording by the Host).

Technology Challenges

The seamless running of technology is vital to the success of a virtual pre-hearing conference. Power outages and internet disconnections can limit the effectiveness of the videoconferencing platform. Accordingly, if disconnected, a participant should dial-in to the pre-hearing conference by telephone.

Preparing for a Virtual Pre-Hearing Conference

FINRA Dispute Resolution Services provides training to neutrals on using Zoom and videoconferencing effective practices. See Effective Practices for more information.

Upon request, FINRA Dispute Resolution Services will set up a Zoom "trial run" with the Panel to test the Panel's equipment, familiarize the Panel with the Zoom platform and ensure that the Panel understands the following functions:

  • Overall Display
  • Control Panel
  • Participant List
  • Muting/Unmuting
  • Share Screen
  • Passing Control
  • Inviting a Participant
  • Waiting Room/Breakout Rooms
  • Locking the Hearing

During a "trial run," FINRA Dispute Resolution Services will:

  1. Troubleshoot and assist to resolve any technical issues with the arbitrators’ equipment.
  2. Check the arbitrators' background and lighting conditions to ensure that they are appropriate for the virtual proceeding.
  3. Discuss the responsibilities for hosting/co-hosting.

Upon request, FINRA Dispute Resolution Services can also set up a Zoom "trial run" with the parties or party representatives in advance of the virtual pre-hearing conference.

Commencing a Virtual Pre-Hearing Conference

  1. Prior to the commencement of the pre-hearing conference:
    1. The Panel should arrive 15-30 minutes early.
    2. A FINRA staff member will be the Host for the meeting, unless the Panel designates an arbitrator as the Host (see paragraph (c) below). The Host has access to additional functions such as recording, and managing participants, the breakout rooms and the waiting room.
    3. If an arbitrator is comfortable with running the virtual pre-hearing conference and wishes to do so, the Panel may designate that arbitrator as the Host. The Host function can only be retained by a FINRA staff member or an arbitrator. 
  2. If an arbitrator chooses to retain the Host function, a FINRA staff member will be available during the virtual pre-hearing conference for technical support. See Technical Support for more information.  
  3. At the commencement of the virtual pre-hearing conference the Host will verify the participants as they are admitted into the videoconference.

Recording a Virtual Pre-Hearing Conference

FINRA records virtual pre-hearing conferences as required by Rules 12502/13502, 12504(a)(5)/13504(a)(5), and 12206(b)(4)/13206(b)(4) of the Codes. Accordingly, all motion to dismiss pre-hearing conferences are recorded and other pre-hearing conferences are recorded upon the panel’s request. Only the audio portion of the virtual pre-hearing conference is recorded and retained for the case file. The audio recording is the official FINRA recording under Rules 12606/13606 of the Codes. FINRA retains the audio recording of any virtual pre-hearing conferences in accordance with FINRA's record retention obligations.

Upon the commencement of a recorded virtual pre-hearing conference, the Host will start the recording. There will be a clear announcement that the meeting is being recorded.

During a Virtual Pre-Hearing Conference

Participant Etiquette

For the early part of the pre-hearing conference, the Panel should ask that participants state their names before speaking so other participants can easily identify the speaker.

Technical Support

A FINRA staff member will be available during the virtual pre-hearing conference to:

  1. Control entry of the participants to the proceeding.
  2. Facilitate the use of breakout rooms where required.
  3. Troubleshoot any technical issues.

FINRA Dispute Resolution Services has trained staff to utilize the Zoom videoconferencing platform and has purchased Zoom Pro licenses for use in virtual pre-hearing conferences.

Effective Practices

Arbitrators should keep in mind the following effective practices for a successful virtual pre-hearing conference:

Location and Background

  1. Ensure your location is well-lit. Backlighting is not desirable.
  2. Ensure that you have a neutral background to minimize distractions.

Audio Considerations

  1. Ensure your location is quiet.
  2. Mute your microphone when not speaking. This will avoid any background noise like construction, lawnmowers, barking dogs, televisions, etc. Be sure to turn your microphone back on before speaking.
  3. If not muted, take notes quietly. If necessary, use pen and paper as opposed to using a keyboard.
  4. Mute all other devices (e.g., cellphones or iPads).

Minimize Distractions

  1. Position your camera at eye level. When a camera is angled too high or too low, it can be distracting. Also, ensure your computer is on a flat surface.
  2. Turn off any pop-up computer notifications (e.g., emails) to prevent these from distracting you during the virtual pre-hearing conference.
  3. Close all windows other than Zoom, the DR Portal, and any case-related documents – this helps with bandwidth and minimizes confusion/distraction.
  4. Avoid multitasking. Do not check your cell phone or emails during the pre-hearing conference.

Dress and Etiquette

  1. Dress as if you are meeting in-person. Business casual is appropriate.
  2. Remain visible on camera to the parties during the virtual pre-hearing conference. Don't walk around while on camera. If you need to leave or turn off your camera, please announce it as you would if you were in-person.
  3. Be conscious of your body language. Despite being virtual, the parties are still watching your engagement.
  4. Do not eat during the virtual pre-hearing conference.

FINRA's Security Considerations

FINRA implements the following security measures for all arbitrations and mediations utilizing Zoom:

  • A unique, randomly-generated meeting ID;
  • A meeting password to be admitted to the meeting; and
  • Use of the "waiting room feature" to ensure that only invited participants are admitted to the meeting. 

In addition, FINRA-administered meetings are restricted to Zoom’s US data centers.

For additional information on how Zoom maintains the security of its service, visit Zoom's Privacy and Security Page or consult Zoom’s Best Practices for Securing Your Zoom Meetings or Zoom's Security Whitepaper.

Technical Support and Training Resources

If you have further questions, you can contact your FINRA Case Administrator.

In addition, Zoom has some resources you may find helpful:

There are a number of topic-specific tutorials on Zoom's website; the following are recommended for virtual pre-hearing conferences:

Zoom Meetings and Webinars

  • Join a Meeting
  • Meeting Controls
  • Breakout Rooms
  • Closed Captioning

Audio, Video and Sharing

  • Recording a Zoom Meeting
  • Joining and Configuring Audio and Video
  • Sharing Your Screen

Disclaimers

FINRA notes that virtual pre-hearing conferences are conducted through Zoom, which is a third-party platform. The use of this platform for virtual pre-hearing conferences is subject to Zoom's terms and policies, for example: https://zoom.us/privacy-and-legal. FINRA arranges virtual pre-hearing conferences through Zoom for the Panel's and parties' convenience. FINRA does not endorse any one platform over another nor does FINRA guarantee the suitability or availability of any platform. Any concerns regarding the use of a third-party videoconferencing platform should be raised by copying correspondence to all parties in the case.