Mediators and disputing parties have come to appreciate the benefits of meeting online and are more comfortable with Microsoft Teams and Zoom. CREK and Modron Spaces offer platforms that are specifically targeted to dispute-resolution proceedings. Cross-institution collaborations, including the JIMC-SIMC Joint Covid-19 Protocol, provide for online mediation by default. These developments echo a growing appetite for the use of technology in mediation more generally reported in a study by the Singapore International Dispute Resolution Academy. As online mediation becomes more common, it is instructive to consider various ways that its use could improve mediation practice. The possibilities have particular implications for international commercial disputes.

Remote mediation has been winning over early skeptics among experienced mediators. Many say they will continue to mediate some disputes online after the pandemic and use hybrid mediations with some participants present in person and some joining remotely. This evolution in practice need not be limited to considerations about how physical mediation can be cut and pasted into the digital world in the name of efficiency. The online space offers the possibility of a process that is better tailored to individual disputes and that is more accommodating of new participants and new markets. Set in these terms, the present moment of change is an opportunity to reconsider how to better align mediation with the needs of a broader range of disputing parties.

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