Alternative dispute resolution has always been important to help resolve cases short of a jury trial. Defendants can save costs by concluding the case early, and plaintiffs are able to realize the cash value of their case without lengthy court delays and uncertainty. As a result of the pandemic, court delays have been drastically magnified, and so has the importance of ADR.

Before COVID-19, judges in metropolitan areas could place a case on a trial calendar, and trials would be held within a matter of months. Since COVID-19, delays are now measured by how many years a party must wait to have their day in court. The reason is simple: Criminal cases must take priority.