Resolving Your Disputes Online
Parties in dispute have been able to issue claims online for some time but the recent pandemic has seen an upsurge in the number of parties agreeing to undertake online dispute resolution (ODR) more commonly referred to in recent times as remote mediation.
Historically, ODR has been widely used to deal with low value claims, mostly consumer issues. However, since lockdown, a number of larger value disputes have been mediated online with favourable feedback from mediators, lawyers and clients.
The Procedure
The mediator hosts the meeting and controls the rooms in which each party (virtually) resides as well as who can enter the conference room. Using the agreed technology platform, the mediator can host a room for joint sessions and provide each party with a separate breakout room. With permission the mediator will join the parties at various points throughout the mediation to facilitate settlement discussions in a similar way to a face-to-face mediation. Parties will be asked to sign a mediation agreement as is standard in a face-to-face mediation as well as confirming that they will not record any part of the session and that they will disclose who can see or hear what is being said.
Although it does not seem that remote mediations are concluded in less time than face-to-face mediations, issues regarding travel time and costs and venue availability are removed entirely.
Summary
As the Commercial Court considers whether to adopt remote hearings as the default, the legal community at large is considering whether remote mediation can in fact be just as effective as face-to-face mediation. At present there is only anecdotal evidence to suggest it is as effective but solicitors should be covering the possibility of remote mediation with clients as part of their discussion on ADR generally and it is expected that the increased uptake in remote mediation will continue beyond lockdown.
Posted on 09/11/2020 by Ortolan
