Barrister and mediator, Professor Suzanne Rab, Serle Court, says ‘digitisation presents new opportunities’ and points out that mediators and advisors will need to adapt. She offers practical advice and highlights that virtual mediation could help ‘mitigate the impact’ of the pandemic on business as well as providing new career pathways for lawyers.
Arbitral organisations moved swiftly to provide webinars and take
steps to address any issues arising in virtual proceedings, for example, the
slower pace and the danger of witnesses being assisted off camera.
Masood Ahmed,
Associate Professor at Leicester University and member of the Civil Procedure
Rule Committee, provides a detailed look at the significance of ADR and the
dangers of unreasonable behaviour. He surveys relevant caselaw, for example, on
silence in the face of an invitation to ADR and unreasonable refusal to engage
in ADR.
