According to a COVID litigation tracker (, more than 3,400 COVID-related complaints have been filed. This number is only likely to increase. These cases are on top of the already large accumulation of cases pending in the courts.   A New York Times report from several weeks ago noted that the pandemic had created a backlog of nearly 40,000 criminal cases.

In response to COVID-19, there has been an explosion in virtual alternative dispute resolution (ADR). One day, the threat from COVID-19 will pass and in-person proceedings will again be an option. But will things return to how they had been or is virtual ADR here to stay? This is a critical question. Lawyers, clients, mediators and arbitrators all need to know what the future will look like and what options are available will be available. As discussed in more detail below, the authors posit that the answer is yes, it is here to stay, but maybe not in this precise form or as widely used. We review the good, the bad, and the future of virtual ADR.

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