A change in mindset about the way we approach dispute resolution methods will be one of the legacies of the Covid-19 pandemic, with remote mediation and other forms of alternative dispute resolution (ADR) expected to be here to stay.

Legal systems round the globe are grounded in the rule of law and in theory, justice is available readily and equally to all. In practice, however, access to justice is easier for some than for others, and for those unable to afford legal services, justice may be difficult to obtain.

An “amicable divorce” option would allow couples to mutually agree to file for a divorce without needing to state the reason why the marriage has failed.

There are five key reasons why attorneys should urge clients, and opposing counsel, to attempt to settle matters before proceeding with litigation:

A discussion on government guidelines regarding international co-operation and resolving disputes in the face of, and following the Covid-19 pandemic, was held on the fourth day of London International Disputes Week.

Mediation openings should be as thought out and well-planned as opening statements in the trial, but without aggressive, trial-level advocacy.

In the Alternate Dispute Resolution (ADR) profession —arbitration and mediation – technology has played an indispensable part of our work lives this past year – the open question is: what role will it play in the future?

All the stages of a mediation—introduction, discussion of the merits, the initial demand, the bargaining and negotiation—are necessary for resolution. 

With preparation, training and education, most of the difficulties associated with virtual mediations may be overcome and the benefits can far outweigh those challenges.

The effectiveness of a mediator depends on the willingness of both sides to reach common ground. So, a mediator’s job is not to judge but to observe and quell tensions.