One of the many effects of the COVID-19 pandemic is the increase in alternative dispute resolution practices, particularly in family law. Initially, when COVID shut down most businesses and courts in March 2020, many families were deprived of an avenue to address immediate concerns in their cases. Immediate access to the court system was essentially dismantled, and the vast majority of cases were continued or rescheduled, leaving an immense backlog of cases that some courts are still combatting today. This created somewhat of a catastrophe, particularly for hostile custody cases, as parents were withholding children, and co-parenting issues heightened from the stress and apprehension of the unknown. As a result, attorneys had to become creative and flexible with out-of-court resolution options.

Many attorneys turned to “online dispute resolution (ODR)” and utilized remote platforms to further negotiations. However, if resolution could not been reached, even with virtual platforms, the parties and their attorneys had to wait several months for their day in court. This resulted in attorneys constantly (even more than usual) addressing co-parenting issues, and affixing temporary solutions on case issues until they could get in front of a judge. Add this to the struggles that attorneys personally faced during the pandemic, including at-home childcare, homeschooling, full-time jobs, and the fear of any loved ones becoming ill; it was a recipe for disaster.

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