In early 2020, life as we’ve known it completely transformed. The effects of the COVID-19 (Coronavirus) pandemic resulted in many changes, some short-term, like stay at home orders, and some long term, that will undoubtedly outlast the pandemic. With how quickly the virus has spread, many states declared state of emergencies to ensure the safety and health of all people. These same emergency orders have also impacted the practice of law, specifically active and upcoming litigation. Both State and Federal Courts were forced to halt their cases while they determined how to effectively adjust to the current social climate. Lawyers were forced to learn a new way of practicing law and alternative ways to help their clients. Courts, along with attorneys, have had to adjust to virtual hearings and remote depositions. It is more likely than not that court proceedings will continue to be held electronically for the foreseeable future. As a result, this pandemic has arguably forced law practitioners to identify and consider alternative ways to resolve disputes much earlier than usual in the interim.

Due to COVID-19, one of the favorable methods to resolve disputes appears to be Online Dispute Resolution. This method primarily includes a virtual form of arbitration, mediation, negotiation, or a combination of all three. For example, mediation is normally done with an impartial mediator going from one conference room to the next, to give both parties the opportunity to discuss the issue(s) in dispute and attempt to come to a fair resolution. Through virtual mediation, the process has become more efficient and safer for all parties involved. Parties are able to practice social distancing by remaining at home (or their counsel’s office), avoid travel costs and still maintain the same level of effectiveness. The same advantages can be applied to negotiation and arbitration as well.

COVID-19’s impact on the legal profession requiring virtual and remote work may be a permanent and lasting one. This new norm could require law practitioners to utilize paperless methods of filing, virtual court appearances, and client communications via video or telephone. While depositions are an area where face to face dealings are encouraged, courts have received more and more applications in support of permanently holding live virtual hearings, arbitrations, and depositions. It also seems that clients are saving money by not having to worry about travel costs for their lawyers. If this will truly be the new norm, firms will have to ensure that their practice is technologically sound to handle the rigors of operating remotely. Protection from cybersecurity risks and ensuring the firm and its clients have access to reliable internet, are several considerations that firms have to be mindful of. Overall, the pandemic has forced industries across the world to adjust and law has been no exception. Fortunately, the steps the practice has taken to adjust will bode well as it attempts to navigate through this new landscape.