Alternative Dispute Resolution During the Covid-19 Crisis and Beyond

Abstract

The civil justice system has reacted with unprecedented speed to the Covid-19 crisis to ensure that the courts continue to provide a vital public service in the administration of justice. The government’s measures of social distancing to tackle the spread of Covid19 has meant that only the most critical hearings have been taking place in person. In adjusting to the new default position of remote hearings, the civil justice system has experienced a substantial and significant procedural change in the increased use of technology to help facilitate remote hearings and to support the judicial case management of disputes. This is not to suggest that the Covid-19 crisis alone has led to the increased use of technology, although there is no doubt that it is a major catalyst. Over the past decade, the civil justice system has been on a course of substantial reform with an increasing focus on digitising court procedure. For example, court documents can be filed electronically (known as CE-Filing) in the Business and Property Courts and the Supreme Court; electronic working enables parties to issue proceedings and file documents online; and courts users are able to issue and defend proceedings for low value money claims through the Online Civil Money Claims