(1) Introduction:

The advent of COVID-19 has reshaped the legal landscape, challenging the traditional norms of courtroom proceedings. In this article, we delve into the dynamic relationship between Alternative Dispute Resolution (ADR) and technology as indispensable tools for navigating the complexities brought about by the pandemic.

(2) The Empowerment of Choice in ADR:

One of the paramount advantages of ADR lies in the ability of parties to handpick a neutral third party, such as an arbitrator, conciliator, or mediator. This empowerment is vital for resolving disputes effectively, and with the repercussions of COVID-19 leading to sector-wide lockdowns, ADR becomes an increasingly crucial avenue for resolution.[1]

(3) Collaborative Efforts of Arbitrators and Mediators:

Arbitrators and Mediators working in tandem can be a formidable force in achieving resolutions that serve the best interests of all parties involved. The current landscape calls for supporters to expedite clear agreements within restricted timelines, emphasizing the importance of trustworthy Mediators/Conciliators.[2]

(4) Thoughtful Selection of Neutral Third Parties:

The choice of a Mediator/Conciliator and an Arbitrator should be a case-specific decision, considering their background, training, and effectiveness. Both parties need to ensure compatibility and explore the reputation of suggested neutrals[3].

(5) Effective Communication in ADR:

Open communication with the chosen Mediator or Conciliator is paramount before the mediation or conciliation process commences. The provision of a pre-mediation brief enhances the understanding of the case, fostering a more informed and efficient resolution.[4]

(6) The Role of Video Conferencing in ADR:

The incorporation of video interventions and mediations has emerged as a practical solution during the lockdown. This technology allows clients to participate from the safety of their homes, streamlining the process and reducing travel costs. The introduction of virtual breakout rooms enhances confidentiality and facilitates private discussions.[5]

(7) Challenges in the Virtual Sphere:

While the benefits of online courts are evident, challenges such as technical failures and the need for proper training persist. The legal community must adapt and undergo expert training to ensure a positive transition to E-Courts.[6]

(8) Addressing the Backlog:

The suspension of court appearances and the closure of physical town halls present a significant challenge. With cases ready for trial on indefinite hold, the prioritization of urgent matters in online courts raises concerns about neglecting equally important civil and criminal cases.[7]

(9) The Conundrum of Emergency E-Filings:

Emergency e-filing cases, while addressing urgent matters, often overshadow other equally significant cases from the client's perspective. The potential collapse of the socioeconomic system looms large if the Courts continue to prioritize only the most urgent cases, leaving others in limbo.[8]

(10) Navigating Online Courts in India:

Online courts in India, while attempting to facilitate e-method systems, have encountered challenges. Connect failures and technical issues have arisen due to a lack of education and preparation for E-Courts.[9]

(11) Challenges in Electronic Data Management:

The securing and dissemination of electronic data through e-Courts and e-filing systems face hurdles due to limitations in information technology. The existing systems are understaffed and in a state of limbo, hindering efficient case management.[10]

(12) The Role of ADR and Technology in Proactive Solutions:

In these uncertain times, where settlement becomes paramount, the combination of ADR and technology offers a proactive and cost-effective alternative to the inertia caused by court closures. Video conferences, telephone hearings, and online dispute resolution platforms can implement creative solutions.[11]

(13) Incorporating ADR Principles into Technology:

The continuous evolution of video meeting technology, coupled with the closure of physical town halls, necessitates the integration of ADR principles into online dispute resolution. This includes considering online ADR for limited issues and submitting cases to referees and mediators for friendly settlements.[12]

(14) Urgent Need for Expert Training:

To effectively adapt to online systems, legal professionals need expert training in running E-Courts. Failure to prepare in advance could result in a less positive dispute resolution system when transitioning to online platforms.[13]

(15) Advancements in Remote Conferencing:

Advancements in technology have made remote conferencing accessible to parties and attorneys unable to attend hearings physically. Secure video conferencing has evolved from being an option to a requirement, ensuring the continuity of legal proceedings.[14]

(16) Contributions of Legal Professionals:

Law firms have mobilized staff and attorneys to work from home, utilizing video conference technology to conduct legal business during the lockdown. Legal professionals play a crucial role in keeping the legal industry moving forward, adapting to the "new normal."[15]

(17) Looking Ahead:

To make tomorrow better, the legal community must welcome and embrace the new normal. Electronic applications such as Skype, Zoom, Hangout, Google Duo, Webinar, and WhatsApp have become integral in supporting scheduled video conferencing, web hearings, and e-learning.[16]

(18) Conclusion:

Obviously, upgrades in innovation have made remote conferencing a possibility for lawyers and gatherings who can't make a trip to the meeting site. Today secure video conferencing is as of now not a choice. It is a requirement. It is not always difficult to switch from "virtual" hearings to in-person ones. As someone who is usually trained in technology, I am looking forward to being able to contribute to keeping the legal industry moving forward in this "new normal" by using ADR to settle disputes.

In fact, for the legal community to continue with the matter at hand, using this technology during the coronavirus crisis may be the only option. There are a plethora of reputable electronic applications on the internet that are suitable for scheduled video conferencing, web chatting, web hearing, and e-learning to support our system. Some examples include Skype, Zoom, Hangout, Google Duo, Webinar, and Whatsapp.

In order to make tomorrow better, let's welcome and begin the new normal.

(19) Citation:

1. Arnav Dutt, Online Alternative Dispute Resolution in New Normal-An Age of Settlement, available at: https://www.legalserviceindia.com/legal/article-2449-online-alternative-dispute-resolution-in-new-normal-an-age-of-settlement.html (last visited on December 4 2023).

2. Ibid.

3. Ibid.

4. Ibid.

5. Ibid.

6. Ibid.

7. Ibid.

8. Ibid.

9. Ibid.

10. Ibid.

11. Ibid.

12. Ibid.

13. Ibid.

14. Ibid.

15. Ibid.

16. Ibid.