Navigating recent and future trends in alternative dispute resolution

Introduction

With the recent trends of globalization and cross border trade the cross border disputes have been increasing. Traditional litigation and courts jurisdiction is only applicable within the countries. The intricacies of implementing judgments, decrees, orders of courts in other countries where the other party to the dispute belongs is complicated. In furtherance of this, with the wake of covid 19, people have become more technology friendly and dependent on each other, whether it was contracts made between governments and private parties for medical equipment, medicines etc. or for helping each other in times of need.

Therefore, there is increase in disputes in general and especially trade disputes. People have shifter from traditional litigation to various methods of alternative dispute resolution.

Future trends of ADR

With the choice of ADR, we do not have to look far for the access to justice. There are many methods of alternate dispute resolution. Earlier, ADR was the way to resolve dispute only for commercial based clients. But the recent trend of ADR has increased. One the most popular method of resolving a dispute is Arbitration. In a recent survey conducted by Queen Mary University of London (QMUL) regarding International Arbitration, it was seen that 59% of the respondents choose international arbitration along with ADR as a best method to resolve their disputes.

The ongoing pandemic of covid 19 has led people into choosing ADR as the best method of resolving disputes. One such recent trend of ADR which has gained immense popularity is Online dispute resolution. It is the effective manner in which people do not have to go and access courts and tribunals physically, rather with the aid of technology justice will be delivered online. The whole proceeding is conducted online and even the arbitral award is decided online.

Online dispute resolution: In wake of covid 19

The COVID-19 pandemic has been extremely unfortunate, and has necessitated change. The judicial system when integrated by technology leads to Online dispute resolution. The reason for ODR’s success in the present time can be attributed to its cost effective and convenient nature, which also broadens the possibilities of remote resolution. It relies on asynchronous communication, eliminates the requirement for the physical presence of parties and removes unconscious bias.

ODR has already been integrated in several jurisdictions such as US, Canada, Brazil, and the UAE wherein the government, the judiciary and private institutions are working together to exploit the benefits of ODR towards enabling greater access to justice. There is transition in the world and ODR is future trend that will be the option for the people to access justice in a fast and effective mode.

Demand for family ADR

There has been a rapid increase in family disputes in the recent years. There has been rise in mediation to resolve family disputes. Custody issues between the couples are handled with care and therefore such matters have pushed away from litigation towards ADR.

Through mediation, issues are resolved timely with less cost and more safety. The mediation is becoming more prevalent and therefore people are getting inclined towards resolving issues through ADR.

Artificial intelligence in ADR

The most dynamic change of technology in the field of legal system has taken place recently. Artificial intelligence is able to perform functions of human beings. From performing medical surgeries to now being able to perform some of the functions of arbitrator and mediator as well.

Artificial Intelligence can perform these functions related to ADR:

1. Collecting information of the clients.
2. Explaining the rules and regulations followed in the process.
3. Searching data from large number of documents.

This recent trend of ADR is the advanced version of interference of technology in the legal system. Now this interference is positive or negative, it is to be discussed.

Med-Arb guides 

Canada has become an example for the countries around the world to implement this recent advanced method of alternate dispute resolution. This process is not merging the process of mediation and arbitration but it is a unique process designed to meet the needs of the people. In med-arb, parties try to resolve their issue using mediation, and then progress to arbitration if a solution cannot be reached. Up until now, the guidelines with regard to med-arb is only issued by Canada. But it can influence the global trend of ADR in future. Although there are pros and cons of this method, still it can be assumed that this method will play a significant role in future trends of ADR.

Conclusion 

Therefore, navigating through all these processes, it can be assumed that these methods of ADR are going to be the future trends of ADR. It plays a significant role in the justice delivery system because of its new methods and involvement of technology. It has become easy for people to access justice rather than going through the old traditional litigation method. Parties to the dispute in the future will lean towards these processes to resolve their dispute in a timely manner with less cost and enforcement facilities.