The coronavirus outbreak seemed at first to threaten the world with a standstill, but it has had to settle for less. Several governments have, in a bid to combat the coronavirus disease, enforced isolationist policies along with social-distancing restrictions and have prescribed hefty punishments for non-compliance. Human contact is being severely limited to such extent as is necessary to curb the spread of the disease.

But contact is vital to nearly every human endeavor and one cannot overstate the toll that these restrictions take. Essential human activity must continue to mitigate the ripple effects of this crisis on business, professional and individual lives; and most especially, our ability to deal with conflict and disputes. Courts already suffer just as much as other public services. In some countries, courts are closed; in others, the default position is that face-to-face hearing in courts will only happen where they are completely unavoidable. Whether good or bad, that generally puts things at when the crisis ends.

Since mediation and other alternative methods are known for their flexibility, there will most likely be an increase in case traffic to cater to both final hearings and new cases. The effect is that family mediation may soon be as busy as the family court. However, the important thing is that it remains easily manageable if that ever happens. Family mediation has been digitizing for a long time now. Written agreements, a hallmark of mediation, which used to require a lot of physical and strenuous work have been made easier through word processing.

Thanks to further and significant increases in internet capabilities, the movement to online mediation will be massive and easily conducted in the circumstances. Already, changes are being made to family mediation programs and practices, to accommodate and expand online access to justice. Canada, the UK, China, and The Netherlands are now well into the process of integrating online proceedings into their family justice systems.

For the families in question, these represent a mild change in fortunes. The readiness to resolve the impending caseload and mitigate the effects of the crisis may necessitate that disputes are heard faster and more expeditiously. It is also reasonably foreseeable that current fears andimpressions surrounding the present crisis will encourage parties to make more concessions and be more willing to resolve their disputes. Challenges and opportunities will evolve, going forward. It is unlikely, that mediators and participants will be forced to conduct their affairs online. There is also great promise for ease in respect of parties that are not comfortable being together in the same room and also where they are too far away to be physically present.

Mediating online, however, brings to light its own set of challenges, one cannot expect it to be the same as if it were physical. There is a seriousness factor if participants will be truly able to grasp the seriousness of the proceedings. But it has been humorously noted that no one has ever gotten a bloody nose online. In circumspect, if necessity is the mother of invention, the question should not be whether the coronavirus will negatively impact family mediation. It is simply necessary for the circumstances that it does not.

Sharon Bayus
http://innovativealternatives.org/