PROTECT PEOPLE IN CUSTODY AND IN INSTITUTIONS FROM COVID-19 By Soumya Swaroop

UN officials claim that it is impossible to maintain social distancing and hygiene in prison and other institutions. The UN Correction, Justice and Human Rights team are trying their best to work on the protection of prison staff and the detainees in order to reduce the number of cases of COVID – 19 in the custody and other institutions.

In Myanmar the UN and Human Rights team has been working to improve hygiene in prison which would lead to a decrease in the cases of COVID – 19. The UN is also trying to prepare prisons and other institutions to cope with unexpected rises in the cases. This has involved certain purchases like hand sanitizers, mask and Personal Protective Equipment (PPE). 

On 17^th April 2020 Ola Almgren (UN resident coordinator) had welcomed the Government’s Pardon and released around 25,000 people, the ongoing efforts to improve the sanitization Homes procedure in prison as well as improving the detention policies or facilities.^[1]

In India the jails and prisons are vastly crowded. Among these prisoners there are around 70% cases which are undertrials. The prisoners are arrested on a daily basis.

On 16^th March 2020 Hon’ble Supreme Court took Suo Motu cognisance of the issue and asked the state to file an affidavit with respect to steps taken by them to prevent the spread of COVID – 19 in prison and in juvenile . In response to that order, the state decided to release a large number of under trials on bail specially those who have been arrested for less serious crimes or offences.

Subsequently, on 23 March 2020 the apex court said in the order stating to release prisoners especially those who have been sentenced for less than seven years or those whose maximum punishment is seven years. The order further stated that the release will be provisional bail. The order also stated that a high powered committee would be set up to administer the release. The committee will be chaired by the chairperson of the state legal services. Further the Supreme Court added that the prisoners who would be released should not be stranded; rather a proper transportation system is to be set up in order to reach the prisoners to their homes or the shelters that have been set up by the Government during the lockdown.

Most prisoners do not have proper facilities to toilets, water supply and other hygienic necessities. Apart from overcrowding jails and prisons the other issue of rise in the number of cases of COVID – 19 is lack of hygiene. The main reason for lack of hygiene is shortage of water supply in jails and shortfall of washing and bathing soaps provision adds to more problems.

Among women in the custody the supply of sanitary napkins is to be ensured – something which is not existing. This problem is similar to the places where women are made to stay- example, in the care centres.

The situation or the risk of COVID – 19 in prison very easily comes into the limelight but other institutions like old age homes, beggars’ homes, women and children’s institutions suffer from complete neglect. Prevention of pandemic in these institutions can only be maintained by strict sanitization protocol, and enhancing the immunity of the residents.

People in old age homes are not staying out of their wish rather they are compelled to stay as their family members are not willing to keep them or they do not have a family. In such cases, such residents cannot be released or asked to vacate the place as they would be abandoned and stranded on roads. The aged people are more vulnerable to COVID as either they would be battling with some other health disorder or they might be having low immunity. In such cases a special care needs to be taken, strict sanitation protocol must be maintained and a strict diet should be maintained which would be nutritious like grams, jaggery, nuts and fruits rich in Vitamin C.

For beggars’ Homes – the one’s arrested for begging is sentenced with imprisonment from one to ten years (1 to 10). The years of imprisonment vary from state to state. In the current situation the implementation of beggary laws can be suspended till the situation is back to normal.

The next issue that leads to a rise in the number of cases of COVID is the working condition of the institutional staff. In 2019 around 30% - 40% vacancy was found in judiciary, police and prison staff. This led to a burden on the remaining staff as they had to take extra – precautions for themselves as well as people in custody. Upon seeing the crisis of working staff certain solutions were found out in order to reduce the burden of the staff. The solutions are:

1.     It was made compulsory for the staff and prisoners to wear face masks.

2.     There was installation of basins for hand wash and soap at the main gate.

3.     The water supply was increased.

4.     The toilet premise was cleaned by appointing housekeeping in order to maintain hygiene in premises. ^[2]

COVID – 19, like other infectious diseases, poses higher risk where the population stays in close proximity to each other. This disease disproportionately affects older people or those people who already have some other health  disorder like hypertension, diabetes etc.

The risk is acute particularly in places of detention like prison, jails, immigration detention centres. The risk is high due to lack of water supply and hygiene even in economically developed countries. The state is obliged to provide medical health care for those in custody at least equivalent to health care facilities provided to the general public. The state can also not deny detainees including asylum seekers, undocumented migrants from equal access to preventive, curative or palliative health care.

In the US the department of Veteran affair announced “no visitor policy” for 134 nursing homes around the country in response to the risk of COVID – 19. Many people in the US have not been convicted of crime but they have been locked up as they are financially weak to bail them out. The growing population of prisoners are mostly women and older people. Due to the heavy  sentences of crime the officials of prison are not able to provide the basic medical health care. In the response to this situation, one country in the US state of Ohio has released some from jail.

In Italy the prisoners in around 40 prisons protested against the fear of overcrowding and ban of family visiting and supervised release of some prisoners amid the coronavirus outbreak. In response the authorities for the first time used Skype to meet families and practise social distancing. Civil society organisations have also asked for alternatives to detention for the people currently detained in immigration detention centres due to increased risk of infection and no facility for deportation.

There are certain recommendations that have been given by the UN, Human rights team, Government and other concerned authority for protection of people in custody and other institutions. The recommendations are as follows:

1.     The authorities that operate in jails, prisons, immigration detention centres and other intuitions must disclose the blueprint of the plan that they are planning to implement in response to protection of outbreak if COVID – 19 in their institutions.

2.     There must be reduction in the population in jails, prisons, immigration detention centres and other institutions. The reduction of population must be implemented under appropriate supervision.

3.     There must be an early release for less serious offences or unjustified offence or a scheduled release. Older people or people underlying health conditions should also be released as they are comparatively exposed to getting infected to monogenic disorder.

4.     The authorities must ensure that the detainees have the same right to health as the equivalent general population (those who are not detained).

5.     There must be proper hygiene training given to the detainees and must ensure proper supply of water and must maintain proper hygiene.

6.     The detainees must go under screening and test of COVID – 19 on a regular basis so as to provide medical care to any detainee who is infected and isolate him/her if required.

7.     Government housing refugees and asylum seekers must take certain steps in order to prevent the outbreak of COVID – 19. These institutions must improve treatment, sanitization, and time bound quarantine; provide access to health care and isolation if it is necessary.^[3]

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^[1] https://news.un.org/en/story/2020/05/1063292

  

^[2] https://www.google.com/amp/s/amp.scroll.in/article/958334/india-jails-are-vast-overcrowded-here-are-some-ways-to-protect-inmates-from-covid-19

^[3] https://www.hrw.org/news/2020/03/19/human-rights-dimensions-covid-19-response#_Toc35446581

INTRODUCTION TO LABOUR LAW IN INDIA By Muskan Jain

Laws framed by the government to mediate the relationship between workers, trade unions, employing entities and the government are known as the Labour laws. These laws primary concerns over the rights such as safety, wages, dispute resolution etc; and responsibilities of unionized labour. In India labour is a subject of the concurrent list of Indian Constitution and therefore the laws are made at both federal and state level.

Why is it necessary to have Labour laws?

The labour laws not only improve industrial relations but also helps maintain peace among different working divisions. It helps ensure good working conditions, payment of fair wages and compensation to the employees in case of accidents. The labour laws save the employees from being exploited by the employer, reduce conflicts and strikes.

HISTORY OF LABOUR LAWS IN INDIA

Labours in pre-independent India were given certain rights like freedom of association, trade unions and all these rights were regulated by various acts such as the Indian Slavery Act 1843, Indian Trade Unions Act 1926, Trades Disputes Act 1929 etcetera. But the workers who stood for their rights were violently suppressed.

India after 1947 (post-independence) embedded various fundamental labour rights like forming trade unions, decent working conditions, minimum wages, equality at work etcetera.

LABOURS AND THE INDIAN CONSTITUTION

The constitution of India 1950, concerns about the rights of the labours. Article 14 states that everyone is equal in the eyes of law, article 15 talks against any kind of discrimination among the citizens and article 16 states that there is an equality of opportunity in employment. Also, the works are free to form associations and trade unions^[1] under article 19(1) (c).

Trafficking and forced labour are prohibited under Article 23 and Article 24 prohibits child labour that is, anyone under 14 years of age is disbarred from working in mines or factories or any other hazardous employment.

The states have certain duties toward the labour or workers, the Indian Constitution lists certain rights under part IV which are not enforceable by courts but are for the states to fulfil their duty. Article 38(1) states that the state should “strive to promote the welfare of the people” keeping in mind the social order in which justice, social, economical and political, shall inform all the institutions of national life. Article 38(2) says that the state should minimize the inequalities of income.

The National Rural Employment Guarantee Act is based on Article 41 which talks about “right to work” and article 42 requires the states to “make provision for securing just and human conditions for work and for maternity relief”. Article 43 states that the workers should have a right of living wage and a decent standard of life.

In the year 1976, Article 43A was inserted by 42^nd amendment of the constitution of India which created a constitutional right to codetermination (workers having the right to vote for representatives on the board of directors) by securing the participation of workers in the management of undertakings.

WAGE REGULATION

The Equal Remuneration Act 1976 and Article 39(d) of the Indian Constitution states that men and women should receive equal pay for equal work that is similarity of skill, effort and responsibility when the work is performed under similar conditions.^[2]

The Payment of Wages Act 1936 was enacted to ensure full and timely payment of wages to the employees. It states that the employees should receive wages, on time, without any unauthorised deductions. It also states that the payment must be made in the form of cash rather than in kind.^[3]

Also, the government has set up minimum wages for the workers. This minimum wage is set on the basis of kind of work, location etc. every state has their own schedule to manage the minimum wages.

SAFETY OF WORKERS

The factories Act 1948 provides various provisions related to the health and safety of the workers. It states that the working environment should be clean and free of effluvia. There should be proper ventilation and waste disposal facilities. There should be sufficient light, drinking water and proper sanitation facilities. No person shall be allowed to carry the load so heavy as likely to cause injury,  the employers must provide the employees with protection measures like google, masks etc. the factory must be equipped with fire extinguishing equipment and other safety tools.

Compensation is paid to the workers if they are injured in the course of employment, under Workmen’s Compensation Act 1923.

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2031 is aimed to protect women and provides them with mechanisms to report sexual harassment incidents at their workplace.

A proper record must be maintained and no worker should be forced to work beyond the working hours. ensuring physical and mental health of the works will not only encourage them, it will also give them a sense of dignity and being. With coordinated employers and employees the working environment shall have peace and harmony.

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^[1] Trade Union Act 1926

^[2]the  but, State of Madhya Pradesh v. Pramod Baratiya 1993(23) ATC 657

^[3] Section 6 Payment of Wages Act 1936

EVALUATION OF ARBITRATION DURING PANDEMIC By Mridula Sharma

The novel coronavirus has left the world devastated, the worldwide disruption is witnessed in all facets of life, leaving no exception hence hitting the legal system too including Alternate Dispute Resolution Mechanism, which has also been among the hardest hit of 2020. However the new star which helped in the mechanism of the  Arbitration, as an alternate dispute resolution, turned out to be none other than technology, which has kept it ongoing to this very date, unscathed by Covid-19.

Arbitration proceedings are way more rapid procedure of resolving disputes as compared to the court proceedings. Arbitration displays an alternative to the delays and difficulties faced in the court litigation, both during and post pandemic. It is impossible to physically conduct the arbitral  proceedings while the entire planet is shut down, which can further lead to various other sets of problems due to the pilling of the previous non conducted proceedings. An extension of time period is given by the Supreme Court for the pending arbitral proceedings where the expiration of the given time period of the case is during the lockdown.

Cases which are of urgent  nature are given utmost priority by conducting them on a virtual platform during this hard time of complete lockdown in the entire country. Full assistances is provided by the Arbitral Tribunal in directing the parties in arbitration proceedings to file pleading via e-mail and with the platform of video calling and video conferencing or any other mode of communication which is considered fit and feasible promoting social distancing, hence the conduct of arbitration proceedings with full utilization of the 21st century technology, the least productivity wastage and in consonance with full convenience along with cost effectiveness in a much  greener way,  having easy access at their houses is proved fruitful. All these modes of communication are laid with strict statutory guidelines, the use of modern technology is need of an hour rather than a mere preference during this time of pandemic.

The recent virtual hearing of National Bank of Kazakhstan v Bank of New York Mellon and Ors^[1], which took place in the English court was live-streamed on YouTube, providing full access and sensitive information of the case to the viewers spread worldwide, providing a basic measure of the court as it is considered as more of an obligation to ensure public access to the hearings. On the contrary arbitration ensures full sensitivity of the information being provided and therefore not always  open to the public.

Technology has evolved since ages and so is the Arbitration procedure. In these quarantine times arbitration portrays full social distancing with the desired versatility and flexibility in resolution of the cases. Arbitration does offer a panacea to crises in cases of international travel by acting as an online connecting bridge due to restrictions imposed across the countries. For instance- from the very beginning i.e the first step through an arbitration notice, the trail is carried through out with the absence of contact.  A major hike is seen in the placement of responses and appointments which are being done via online basis lately. Online communication modes have taken upon the whole system of case management and communication which contributes as a part of the  first stage itself, which is done between the lawyers, clients, Arbitration institutions and the Arbitration Tribunal. On top of it provision of electronic signature is also accepted by the Arbitration Tribunal.

Although some practical issues are faced in case of voluminous huge documentations where stakeholders are being limited by the capacity to upload on  cloud with secured access. Overall the screens have exclusively taken upon the old methods and is considered to be the next step in the evolution of arbitration. This modern approach has led to a high number of proceedings to carry on uninterrupted while the pandemic has totally taken over the litigation. No doubt Arbitration in consonance with technology will be the new normal during and post the novel coronavirus.

However it  still comes with some flaws such as lack of tangibility, instincts and intuitions which come out as reflexes can often turn around the cases. But surely these things would be overcome in the near future if kept on altering it and adopting new changes in accordance with the requirements of the society.

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^[1] Claim No FL-2018-000007-In the High Court of Justice- Business and Property Courts of England and Whales.

ARBITRATION AND ITS TYPES By Isha Manchanda

ARBITRATION

Arbitration is one form of Alternative Dispute Resolution; it is the most widely used form of ADR. It is a way to solve disputes outside the court. The dispute is decided by arbitrators and the decision or the judgement that they give is known as an arbitration award. This award is binding on both the parties in the dispute and is also enforceable in the courts. The award given is of the same value as that of the judgment given by the civil courts.

Arbitration basically means the proceeding in which a dispute is resolved by an impartial adjudicator, whose decision will be binding on the parties to the dispute. 

TYPES OF ARBITRATION:

     ●      Voluntary Arbitration 

It implies that two contending parties, unable to compose their differences, agree to submit their conflict to an impartial authority, whose decision they are ready to accept. The enforcement of the award may not be necessary and binding. In other words, it is up to the parties’ whether they want to go with the award or not.

●      Compulsory Arbitration 

It is the one where parties are required to accept the arbitration without any willingness. It leaves no strikes or lockouts; it deprives both the parties of their important and fundamental rights. Once the award has been given then the parties have to abide by it no matter what. Hence this is why it is said to be known as compulsory Arbitration. 

●      Ad hoc Arbitration

When a dispute arises between two parties during the course of a commercial transaction. This arbitration is agreed to get justice for the unsettled part or portion of the dispute.  This type of arbitration is preferred by a lot of people nowadays. Ad hoc arbitration is the one which is not administered by any of the mentioned institutions like the ICC, LCIA, DIAC or DIFC. The parties, therefore, have to determine various aspects of arbitration themselves. It is preferable to specify the place or 'seat' of the arbitration as well since this will have a significant impact on several important issues such as the procedural laws governing the arbitration and also the enforceability of the arbitral award. 

●      Institutional Arbitration

There is a prior agreement between the parties that in the case of future differences or dispute arising between the parties during their commercial transactions that such differences or dispute will be settled by arbitration as per the clauses provided in the agreement or the contract of the two parties. Every institution has its own rules set which provides a framework for the arbitration procedure, and its own form of administration to help in the process. In an institutional form of arbitration, the arbitration agreement designates an arbitral institution to administer the arbitration process.

●      Statutory Arbitration

It is mandatory arbitration which is imposed on the parties by the operation of law. In such cases, the parties in the dispute have no option as such but to abide by the law of the land. The Statutory Arbitration is the arbitration which is conducted in accordance with the provision of some special Acts which provide for arbitration in respect of disputes arising on matters covered in those Acts.

●      Domestic Arbitration and International Arbitration

Arbitration which occurs in India and happens all over India is termed as domestic arbitration. In this type of arbitration, the dispute takes place in India and the parties to the dispute are also Indian citizens and the award is also given in India, in accordance with the Indian laws. An arbitration in which one or both the parties in the dispute belongs to any country other than India and the dispute that has to be resolved will take place in any part or state of India, then it can be termed as  International arbitration.

●      Foreign Arbitration

When the arbitration proceedings are conducted in a place outside India and the award is required to be enforced in India, it is termed as foreign arbitration. Foreign arbitration is often confused with international arbitration but they are not one and the same thing. This form of arbitration is usually used by foreign-based companies that have branches in India.

ROLE OF MEDIA DURING COVID-19 By Nandini Srivastava

The Constitution of India guarantees Right to Freedom of Speech and Expression under Article 19(1)(a) of the Indian Constitution. This right within its ambit includes the Right to Press and Right to Information.

Press is considered as a watchdog and the fourth pillar of democracy as it keeps a check on the functioning of the three organs of the government that are Legislature, Executive and Judiciary. The freedom given to the press is for the benefit of the public because if it is not free from the interference of the governmental bodies then they shall not be able to provide objective, factual, critically analysed information free from any prejudices or biases.

India is a democratic country where people choose their representatives so, it is necessary for the people to have correct and truthful information regarding the functioning of the government so that they can decide whether the government is keeping their promises as they made in their election manifesto or if there is a need to change the existing government in power. Thus, Right to Information plays an integral part.

Right to Press and Right to Information go hand in hand. Media in a democratic country has a huge responsibility. It has to maintain transparency in the government. The common people don’t have the resources to get factually correct and all the information about the political sphere of the country on their own. Therefore, media through their power reach to ministers, government officials and governmental organisations to collect information about any concerned topic to later present it to the people in a simple as well as understandable manner. The role that media plays in a democracy is no child play especially in a country like India which is very diversified in all the aspects which includes but is not limited to religion, caste, language, race etc. Media also has to ensure that they present the truth in a manner which does not hurt the feelings of any sections of the community as it might lead to social unrest and undermine public order.

The extent to which a country gives freedom to its press indicates its democratic nature and the role that media plays during the time of crisis shows its credibility. All the countries across the globe are fighting against the deadly pandemic COVID-19 and India is no exception to it. Various measures have been taken in response to the spread of disease. Government has announced nationwide lockdown, travel bans have been announced, contracts have been suspended or terminated.

In a situation where people are locked inside their house with no connection outside they are dependent on the press and media to gather information about the pandemic. Media houses are playing a vital role by providing imperative information to the people. Safety measures, factual data of patients diagnosed and recovered, success stories etc. are re-printed and re-telecasted on various platforms to motivate people and aware them about the existing situation. They are trying their best to provide insight which can help citizens keep a positive outlook, but there is a difference between the positive outlook and foolishness. The politicians always want the media to act as a lapdog rather than a watchdog and it is no surprise but in the present scenario, it has been seen that even the public does not want the media to convey any gloomy information. This sense of perspective is not right because if the media is silenced then no problems will ever be resolved.

One more issue that exists is the way corporate media houses are presenting news for their interest. Many of the news channels during the time of lockdown criticised the movement of poor migrant workers to reach their home rather than focusing and questioning the government and its lack of arrangement for these sections of people in India. No private-owned media platform discussed and debated the failure of the government to take radical measures to combat this pandemic earlier even after finding out about the first case of Coronavirus in the month of January in India. Instead of deliberating on these necessary issues, the media was only busy covering the festivities people made when instead of staying at their places and clapping hands or lighting diyas for appreciating medical staff they went on the streets to do the same which led to an increase in the number of cases.

With the invention of the Internet and its counterpart social media, the scope of communications has changed a lot. Social media has transformed the lives of each and every individual. Expressing ideas, thoughts and views is no longer a luxury available only to elected representatives, rich businessmen, famous personalities and public servants; with the innovation of social media, every person is able to express themselves freely. Social media ensures that the voice of every individual is heard. Today, there is no field which is not using social media for its benefits. Like, various business ventures use social media platforms to understand the interest of the audience and use the same information to target them. There are 483 million internet users and 326.1 million social media users in India^[1].Social media is not less than a blessing but no blessing comes without any difficulties. Increase in the use of social media by every group of people has led to the rise in fake news which has created disharmony, hatred, ill- will, violence etc.

 Director-General of the World Health Organisation (WHO), Dr Tedros Adhanom Ghebreyesus said:

“We are not just fighting an epidemic, we are fighting an infodemic. Fake news spreads faster and more easily than a virus, and is just as dangerous.”

Many news pieces have been circulated online on various social media platforms regarding the origin of the virus. Some said that the virus originated due to a lady eating a specific gene of the bat in China and their government acting negligently which led to its spread in its country and globally. Some stated that the coronavirus (SARS – COV-2) was intentionally created by scientists in a laboratory of Wuhan, China to use it as a biological weapon against other countries too would ensure the downfall of power and economy of other countries and rise for China. None of the statements has yet been proved but it has surely made people of other countries discriminatory towards the people living in Wuhan.

Many other fake news are also in circulation like recently, an audio clip was viral which delivered the message that Muslims are licking vegetables and utensils to spread coronavirus. A textual message was in circulation on WhatsApp which stated that the Government has decided to deduct 30% pension during this time. These messages created panic and tension among people. Recently, a video of Muslim individual beating a Hindu priest created differences among people of the respective religion.^[2]

The cyber wing of Maharashtra has constantly been keeping an eye on the online activities and till now they have registered 363 cases of misinformation, rumours and fake news regarding COVID -19. One of the registered cases was of Sangli district where some people were arrested for making a TikTok video where they blamed a particular community for the spread of this deadly virus and abused some social reformers. Out of 363 registered cases, 155 cases were of WhatsApp and 140 were of Facebook. ^[3]15 people have been arrested in Mizoram for sharing the news that the lockdown shall extend for a longer period of time therefore, the locals living outside should return home. A man was arrested in Odisha because he disseminated the message that an infected person from outside the state has come to Odisha with an intention to spread the virus. ^[4]

Media can either help in the growth of the country by providing information that is true and free from prejudice or can blind side people by working for their personal interest. India shall cease to exist as democracy the day media becomes corrupt, fickle and servants of wealthy and powerful people.

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^[1] “Number of internet users in India 2015-2013 published by Sanika Diwanji (Statista, 26 May 2020)

http://www.statista.com/statistics/255146/number-of-internet-users-in-india/

http://www.statistia.com/statistics/278407/number-of-social-network-users-in-india/

^[2] “Spreading Rumours And Fake News Can Land You In Trouble Here’s How” by ABP Bureau (ABP LIVE, 10 April 2020) https://news.abplive.com/news/india/coronavirus-fake-news-covid-19-rumours-can-land-you-in-trouble-1194709/amp

^[3] 2020 “Maharashtra: 363 cases registered over social media posts on COVID-19” by PTI  (Economic Times,9 May)  http://m.economictimes.com/news/politics-and-nation/maharashtra-363-cases-registered-over-social-media-posts-on-covid-19/articleshow/75641622.cms

^[4] “Fake News, Real Arrests” by Bhavya Dore (Foreign Policy, 17 April 2020) <https://foreignpolicy.com/2020/04/17/fake-news-real-arrests/ >

MEDIATION DURING THIS PANDEMIC By Prakriti Suthar

The impact of corona or COVID-19 pandemic is keenly felt across the world over the businesses and commercial parties economically. It is clear that COVID-19 has and will continue to bring about many sources of dispute and conflict, to name a few like, supply chain and logistics challenges, employment issues, unfulfilled contractual obligations, cash flow pressure points etc.

This pandemic is hitting our judicial system. Courts were required to close their doors in order to protect the public, personnel and the judiciary itself. Many are struggling to convert their technological backbones so that their employees can function remotely.

In these unprecedented times, dispute resolution mechanisms can and must still function to assist in administering justice and managing disputes.

Parties can electronically file documents during this pandemic using online case management systems.

In Singapore, during this COVID-19, temporary measures have been introduced to minimize or dispense the physical attendance in the courtroom. Temporary Measures Act, 2020 has been introduced which allows court proceedings to be conducted using remote communication technology.

This gradual shift in the court setting to embracing new remote communication technology is certainly welcome, as it can speed up court proceedings and promote access to justice to the public in times of uncertainty.

Mediation

In this process, a neutral intermediary, the mediator, helps the parties to reach a mutually satisfactory settlement of their dispute. This process can still be conducted during the pandemic time.

It is believed that the practice of this virtual and private mediation system will come into existence on its own because private professional mediators and other mediation bodies will be required to adapt themselves to the infrastructure and the skill set during the current COVID-19 climate.

If there is any mediation related concern then private professionals mediators and mediation companies will remain available remotely to address them.

Since mediation is a very confidential and non-adversarial process, it helps the parties preserve their commercial relationship than the alternative litigation of arbitration routes which may otherwise break down the relationship. Hence, mediation is a very useful tool for conflict resolution.

It also helps to mitigate losses and strengthen the long-standing relationship between businesses and individuals.

Video conferencing alternatives are used by the Alternative Dispute Resolution community for dispute resolution right now, just when they are urgently needed. Hundreds of video conferencing mediations and settlement conferences have been done. The providers and arbitrators, including the AAA, ICDR, the ICC and the Chartered Institute of Arbitrators provide the protocols for online arbitrations.

Normally, all parties will receive electronic instructions inviting them to ‘join’ the mediation in advance to a scheduled online mediation.

Once, everything has been arranged, participants click a link which has been sent to them at the scheduled mediation time, from a desktop or laptop computer, tablet, or smartphone, and enter a private, virtual meeting.

After getting connected, the mediator will welcome you by audio, video, or both, and your mediation process will get started.

Just like a face-to-face mediation, in this virtual mediation through the video platform, your mediator can talk with the parties in a shared ‘room’, and the parties have the opportunity to greet each other. At that time, the mediator will explain and answer the questions, and will explain the mediation procedure. The parties may then exchange opening statements, when appropriate.

During a video conference mediation, the mediator can ‘enter’ and ‘exit’ each side’s room, gathering and conveying information, asking questions, and communicating settlement proposals between the parties. In order to resolve and abbreviate pending matters, we all must commit to communicating.

That being said, commercial parties or individuals who are facing existing or potential disputes should consider the forum, the most appropriate to resolve specific disputes in the most timely and cost-effective manner paying heed to any dispute resolution clause in the applicable contract.

In short, we can fully engage in promoting a real and well-thought court alternative, that will assist the courts and improve access to justice and enable timely resolution of disputes by taking full advantage of the global Alternative Dispute Resolution infrastructure.

Let's all commit to being part of the solution as we belong to a profession that is and should be dedicated to preserving our system of justice.