Covid-19 and Mediation

A recent article in the Los Angeles Times has documented one consequence of COVID-19.

The author contends that most civil trials have been postponed as courts slowly reopen for criminal ones first. One attorney is quoted as saying that when faced with possible delays of two years, parties involved in civil disputes are turning to alternative dispute resolution, which can be easily conducted virtually.

One area of civil disputes that has seen a dramatic increase is COVID-related labor and employment litigation. For example, some employees have contended that employers have been using pandemic business losses as an excuse to selectively terminate employees.

While arbitration and mediation are now in high demand, the article’s author argues that alternative dispute resolution favors corporations and employers. One reason the author gives is that arbitration and mediation are expensive.

I agree that arbitration and mediation are alternatives to the courts and that both are easily conducted by telephone or platforms such as Zoom. But I disagree that they favor employers and are expensive.

Every mediator follows a code of ethical standards that demand complete neutrality and impartiality. Additionally, anyone involved in a mediation has the right to terminate the process if they feel the mediator is not neutral or impartial.

As to cost, mediation has always been a cost effective alternative to expensive litigation. It is, of course, possible to find mediators who charge more than others, but there are many qualified and well-trained mediators who charge less. And many use a sliding scale.

To read the original article go to: What happens when COVID shuts civil courts?