The Role of Mediation in Our ‘New Normal’

Abstract

Over the coming months and years, the COVID-19 pandemic will likely continue to have dramatic impacts on all aspects of life and business, including disputes and their resolution. In the face of economic uncertainty, growing legal backlogs and an increasing number of commercial disputes, determining which methods of dispute resolution are best suited to succeed in this ‘new normal’ will be essential for the survival of companies and organizations across the world. This article explores the particular benefits of mediation to resolve commercial disputes in the time of COVID-19, including its relative speed, cost-efficiency, flexibility, business-focus and demonstrated adaptability in rapidly-changing global circumstances.The authors also discuss the potential of mediation to improve dealmaking processes in times of crisis, and suggest measures to encourage the use and success of commercial mediation during the current pandemic and beyond.