ADR Solutions for a World Reordered By Pandemic - Remote Is Closer Than You Think

The clearest lesson of the pandemic is that we are all connected. Supply chains and the movement of goods and people by air, land and water mean we are all part of a huge interactive web.

Now, businesses around the world are trying to combat the multiple impacts of covid-19, economic peril and, in the USA, racial injustice. Just as the challenges and new issues mount, the courts have had to cope with slowdowns and lockdowns. In an astoundingly quick transition, ADR providers and neutrals have shifted focus to providing dispute resolution services remotely online. They have issued protocols and set up processes, and many online mediations and arbitrations have already been conducted to a positive reception by many prior sceptics. Delay and backlog do not have to hamper an economic recovery that depends in part on cost-effective and efficient dispute resolution taking place now. We knew that businesses with cross-border disputes would require better and less expensive ways to address both routine and bet-the-company disputes, but the need is not yet being fully met. Help is at hand. An arb-med-arb process resulting in a consent award is a solution to an expressed need and it can happen right now (even remotely) before the long process of approval wends its way to completion for the UN Convention on International Settlement Agreements resulting from Mediation (Singapore Convention).

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Virtual Mediations – What to Expect

MEDIATION can be a great option for resolving your ICBC claim. The goal of mediation is to bring the parties together—including an ICBC representative—to discuss the issues and try to reach settlement, with the guidance of a neutral mediator. Traditionally, “bringing the parties together” meant that everyone was physically in the same room. The technology for virtual mediation has existed for some time, but many ICBC claim lawyers were concerned that the mediation process would lose its effectiveness if not done face-to-face. The COVID-19 pandemic forced parties to embrace the use of technology and may have forever changed the way personal injury claims are handled.

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Virtual Mediations – What to Expect

MEDIATION can be a great option for resolving your ICBC claim. The goal of mediation is to bring the parties together—including an ICBC representative—to discuss the issues and try to reach settlement, with the guidance of a neutral mediator. Traditionally, “bringing the parties together” meant that everyone was physically in the same room. The technology for virtual mediation has existed for some time, but many ICBC claim lawyers were concerned that the mediation process would lose its effectiveness if not done face-to-face. The COVID-19 pandemic forced parties to embrace the use of technology and may have forever changed the way personal injury claims are handled.

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Virtual Mediations Are Fairly Effective

As numerous people within the legal profession know from firsthand experience, many court conferences, depositions, and mediations have been occurring remotely because of the COVID-19 pandemic. I have attended court conferences and depositions virtually throughout my career, since clients sometimes do not wish to pay travel time for such proceedings, and courts often permitted counsel to appear by remote means before the pandemic. However, I never participated in a virtual mediation prior to the pandemic, and I was extremely skeptical that they could be effective. Nevertheless, recent experiences have shown me that virtual mediations can be fruitful in the right circumstances.

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Nova Scotia’s eCourt platform is first online judicial dispute resolution service in Canada

Nova Scotia’s eCourt recently launched online dispute resolution pilot program enables counsel for both parties and the judge to communicate in real time.

The pilot program, which went live in July, aims to allow those with simple family legal issues, such as divorce, child custody, spousal support or child support, to more simply, safely, easily and affordably access the courts to resolve these matters, stated the news release from the Nova Scotia government.

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Top 3 Misconceptions Attorneys Have About Virtual Mediation

Although largely unknown to the average litigant, alternative dispute resolution providers across the country have offered virtual mediation services for upwards of a decade. The sudden increase in the popularity of these virtual services is, of course, due to COVID-19. The pandemic’s restrictions on travel and in-person gatherings have brought virtual mediation to the forefront of litigation.

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Kevin Schlosser Authors, “The Use of Private Judges: New World, New Wave?”


Our system of justice has certainly faced various challenges over the years, but no one can deny that the COVID-19 crisis has forced us to confront unprecedented obstacles―2020 has been a year no one will forget. In March, the entire state court system virtually shut down, except for cases deemed “essential.” While our administrative judges and the office of court administration have worked tirelessly to restore some semblance of normalcy, the challenges are formidable.

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INSIGHT: Best Practices for Conducting Remote Arbitration Hearings

Most businesses must now connect virtually, due to the coronavirus pandemic, and arbitration hearings are no exception. We were one week into a two-week arbitration hearing when New York City shut down, forcing the hearing to conclude via video. Video hearings may be the future of arbitration—at least in the short term.

Attorneys need to think about important considerations and best practices for conducting a hearing via video. This article also addresses applicable arbitral institution rules (or lack thereof) and discusses why this area is ripe for consideration by these institutions.

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