Abstract

The emergence of a new virtual world during the COVID-19 pandemic has jeopardized essential elements of the negotiation process. Although online dispute resolution (ODR) may come with some advantages, it also poses significant difficulties, threatening the ability of negotiators to zealously represent their clients’ interests. The shift to a virtual world has hindered parties’ ability to prepare properly, to develop rapport and trust with one another and effectively manage their time, especially for those previously unfamiliar with ODR. This essay proposes solutions to help negotiators overcome the challenges posed by negotiating virtually, during and after COVID-19. Our world has been irrevocably changed, and many of the things that once seemed foreign are here to stay.