Managing the virtual mediation process: what next for ADR after COVID-19, asks Professor Suzanne Rab
- Coronavirus: response of the legal profession.
- Virtual mediation: a dispute resolution solution that does not revolve around physical meetings.
The outbreak of the coronavirus (COVID-19) pandemic continues to affect the legal profession alongside other major industries in unprecedented ways. Lockdowns and social distancing measures have enforced court closures and, with more limited virtual alternatives, this situation will increase delays in dealing with backlogs. In order to deal with this novel situation, the profession’s response is largely going to focus on leveraging tech-based solutions to keep the wheels of justice moving. Already, courts are using video conferencing technology to conduct hearings. While significant flexibility has been shown by both judges and litigants in participating in video-hearings, more radical shifts are required to manage the impact on both existing and pipeline cases. Furthermore, supply-chain issues, employment disputes and other commercial matters emerging from the pandemic itself will further burden the justice system in the coming weeks and months. It is therefore inevitable that the