ABSTRACT
Covid-19 fostered a remote technology boom in the world of dispute resolution. Pre-pandemic, adoption of technical innovation in dispute resolution was slow moving. Some attorneys, courts, arbitrators, mediators and others did use technology, including telephone, e-mail, text, or videoconferences, or more ambitious online dispute resolution (ODR). But, to the chagrin of technology advocates, many conducted most dispute resolution largely in-person. The pandemic effectively put the emerging technological efforts on steroids. Even the most technologically challenged quickly began to replace in-person dispute resolution with videoconferencing, texting, and other technology. Courts throughout the world canceled all or most in-person trials, hearings, conferences, and appeals and began to experiment with using technologically-assisted alternatives. The US Supreme Court held oral arguments using telephone conference calls. Attorneys, mediators, and arbitrators relied far more heavily on phone, e-mail, text, and video. Some courts expanded programs to help disputants obtain information and even resolve their disputes online. ‘Thanks’ to the pandemic, the traditionally slow-moving and technology-resistant legal community suddenly embraced many kinds of technology with both arms and more …
Sternlight, Jean R and Robbennolt, Jennifer K, High-Tech Dispute Resolution: Lessons from Psychology for a Post-Covid-19 Era (2021). DePaul Law Review, forthcoming.
First posted 2022-01-25 15:00:13
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