DISPUTE RESOLUTION AND AVOIDANCE IN 2020: THE IMPACT OF COVID-19 ON ARBITRATION AND MEDIATION
Six months is a relatively short period of time. In the US, a baseball season lasts more than six months (in a typical year)
There is of course nothing typical about this year. When we think back to the halcyon days of 2019, when we sat within a few inches of each other, unmasked and in closed spaces, few of us could have imagined how long February through August of 2020 would feel. Nor could we have appreciated the changes we would see in the world around us over these six months.
As with nearly every aspect of life in this trying and bizarre year, the nature of disputes has also evolved – both in substance and approach. While courthouses across continents were forced to close for public health reasons, disputes did not disappear. And in the wake of the pandemic, we face a series of legal issues that cry out for heightened efficiency of process. The state of contracts, insurance coverage, real estate, corporate governance, dissolution, collateralised financing and so forth, are now the subject of widespread speculation as to what the future will hold.
A variety of tools exist to assist parties in achieving efficient resolution of disputes despite challenging circumstances. These resources include online mediation and arbitration procedures, leveraging options for efficiency in arbitration, and pursuing mediation and arbitration concurrently.
Arbitrating and mediating online
Whether we are in the midst of a global health crisis or not, online mediation and arbitration offer parties the opportunity for resolution achieved with convenience and efficiency. With regard to arbitrating online, nearly all arbitral institutions have promulgated rules, protocols or other best practice materials to address parties’ growing need to leverage arbitrations held via video conference technology.
Oct-Dec 2020 issue
Gleason Alvarez ADR, LLC