Embracing online dispute resolution beyond COVID-19

A digital revolution has arisen in the legal profession in response to the COVID-19 pandemic, where traditional methods of dispute resolution have been replaced with online dispute resolution (ODR).

Whilst the implementation of ODR promotes people’s health and safety by reducing potential transmission of the virus, there are numerous additional benefits of facilitating remote methods of dispute resolution. Virtual hearings, instant messaging and emails has brought a streamlined and flexible dimension to court procedures that should be utilised and embraced.

What are the benefits of virtual mediations?

Cost savings

The adoption of online dispute resolution (ODR) has seen benefits beyond the ability to resolve disputes throughout government restrictions and lockdowns. It has promoted a prompter and more affordable alternative to current dispute resolution processes. Especially when considering smaller claims or economic disputes, parties can now significantly save legal costs when compared to traditional methods.

VCAT and the Supreme Court of Victoria are conducting mediations through the Zoom video conferencing application which has increased accessibility to parties through the simplified procedures.

ODR also ensures that barriers such as geographical location, lack of transportation options or mobility are eradicated. In doing so, the costs incurred can be equally shared between respective parties, which provides an equal sense of ownership as well as stake in the resolution.

Increased efficiency and flexibility

ODR is a swift and convenient method for resolving disputes that can be adapted to fit individual needs and schedules including those of clients, employees, lawyers and stakeholders. By allowing parties to participate from anywhere, coordinating a time where both parties to a dispute are available has never been easier.

Many in-person methods of dispute resolution include time where an independent third party may speak directly to one party whilst the other party separately waits their turn. ODR allows for such discussions to occur in a private virtual room, allowing the other party to discuss the case in a separate room with their lawyer or complete personal or work-related tasks whilst they wait for their turn.

Virtual mediations also allow for flexible workplace arrangements for all.

Success rate

Although there are certainly advantages to in-person, emotional engagement during a traditional non virtual mediation, the success of ODR amid the COVID-19 pandemic demonstrates that ODR can be a useful tool to resolve disputes.

Creating a comfortable and safe virtual environment can encourage parties to participate more in dispute resolution, where they may otherwise have avoided due to inter-relational conflict.

Elit Lawyers by McGirr & Snell is a fully integrated and automated law firm with superior expertise in online legal procedures. We possess a deep understanding in alternative dispute resolution and can provide you with representation at mediations, compulsory conferences and court hearings in all jurisdictions.

We encourage everyone reading this article to embrace the unexpected freedoms of COVID-19 and the successful technological advancements that have come with it.

Do not hesitate to contact our founding partners Robert McGirr and Danielle Snell to discuss how we can assist you with your dispute / legal case.

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Danielle Snell

CO-FOUNDER AND MANAGING PARTNER

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Robert McGirr

CO-FOUNDER AND PARTNER

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"We were forced to issue legal proceedings against the insurer for a number of reasons including disagreement about the amount of money that was required to be paid out under the policy to reinstate our home. I want to express our deepest heartfelt gratitude and appreciation for all Elit did for our family throughout this matter."

Insurance Policy Holder

Home owner

Thank you to Danielle and Mark and the Elit team for all their hard work in acting for myself and my family against a large international insurer following a fire sustained at our home. We were forced to issue legal proceedings against the insurer for a number of reasons including disagreement about the amount of money that was required to be paid out under the policy to reinstate our home. I want to express our deepest heartfelt gratitude and appreciation for all Elit did for our family throughout this matter.
The work of Danielle and Mark was professional, consistent and to the highest standard throughout this process. I was so impressed by each of the team. It wasn’t just their exceptional professional work that left the impression, but more importantly, their interactions as good, decent, kind individuals. Thank you Elit for captaining this litigation ship throughout the tiresome journey! We really appreciate everything you have done for us. I hope and pray that each one of you has a share in some of the comfort you have provided my family in your own lives.

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"Being subject to malicious false statements was very stressful, as I have always conducted myself with professionalism and integrity.  As a result of the action taken by Robert McGirr & Elit Lawyers, the false statements were retracted, I received a formal apology and was paid my legal costs. "

Defamation

Plaintiff

I was engaged to appear on behalf of a resident at an aged care home in a proceeding before the Tasmanian Civil and Administrative Tribunal (TASCAT). A false and defamatory email was sent by a senior executive of the home about my conduct at the hearing to a number of third parties.

The false statements contained in that email were serious and damaging to my reputation, and included amongst other things, an imputation of criminality, which if proven to be true, could have resulted in a term of imprisonment. Being subject to malicious false statements was very stressful, as I have always conducted myself with professionalism and integrity. 

As a result of the action taken by Robert McGirr and Elit Lawyers, the false statements were retracted, I received a formal apology and was paid my legal costs. I could not have achieved this outcome without the assistance of Robert. I felt informed and comforted throughout the process and am very grateful for the early result that was achieved. 

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"I was devastated when I learnt of a very serious defamatory publication made against me. I was so grateful to Danielle and the legal team who were able to obtain a pseudonym order in my favour so that I was able to advance defamation proceedings with anonymity."

Defamation

Plaintiff

I was devastated when I learnt of a very serious defamatory publication made against me.

I was concerned that bringing a Court proceeding would lead to widespread media reporting which would in turn repeat the allegations made against me and cause even more harm to my reputation because let’s face it – mud sticks.

I was so grateful to Danielle and the legal team who were able to obtain a pseudonym order in my favour so that I was able to advance defamation proceedings against the publishers with anonymity and be comforted that the defamatory content linked to my name would not be further spread.

I felt vindicated at the end of the matter and will always look back on the experience as a difficult one but knowing that issuing the court proceedings was what I had to do in order to achieve redress and restore my reputation.

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"When we were targeted by a vexatious and unfounded online attack, I turned to Robert, Danielle, and Elit for advice. As I am a lawyer myself, Elit’s ability to zone in so quickly on what was best for us really impressed me. "

Defamation

Lawyer and Business Owner

As a lawyer and business owner, I take our professional reputation seriously.

When we were targeted by a vexatious and unfounded online attack, I turned to Robert, Danielle, and Elit for advice. Their calm, clear, and strategic guidance was exactly what we needed. They quickly understood the key issues and provided practical options that prioritised our values and professional standing.

I was impressed with their ability to get across the key issues and provide real life practical advice during this critical time which really centred around us and what was best for our business.

As I am a lawyer myself, Elit’s ability to zone in so quickly on what was best for us really impressed me.

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"My business was sued for defamation. The Eit team were able to pinpoint the weaknesses in the other side’s case and were able to resolve the proceeding on very favourable terms for us."

CEO

Medical Industry

My business was sued for defamation and my insurance company appointed Aggie, Danielle, Robert and the Elit team to act in my defence of the proceeding.

I was astounded by the fact that the Eit team were able to pinpoint the weaknesses in the other side’s case and after bringing an interlocutory application on my behalf, they were able to resolve the proceeding on very favourable terms for us.

I felt informed and comforted throughout the process and am very grateful for the early result that was achieved.

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"I felt comforted and informed throughout the legal process and was happy with the early resolution of the case which achieved my ultimate objectives."

Director

ASX Listed Company

Danielle and team acted on behalf of myself and my fellow directors of an ASX listed company in the Supreme Court of Western Australia involving repeated attacks and defamatory content being posted about us on a forum website. The third party website operator was also joined to the proceeding.

Given the personal attacks made against me and my fellow directors, it was a difficult situation over an extended period and I felt comforted and informed throughout the legal process and was happy with the early resolution of the case which achieved my ultimate objectives to have the content removed and undertakings that no future defamatory content would be published by the person involved.

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