Diales Compendium Issue 3 - Flipbook - Page 12
Technology in
Dispute Resolution
This article considers the use of technology in the dispute resolution arena from our
experts’ first-hand experience. It does not intend to offer a definitive view, but rather
to explore how computer-based technology is being implemented now and potentially
in the future, and what the possible limitations might be.
Hooman Baghi & Stuart Holdsworth
Diales Technical Experts
Technology enables legal teams, clients and experts to work
collaboratively, and has also impacted the way that they
work with their own supporting and assisting teams. Dispute
resolution has undoubtedly become more flexible, and the
human-machine interface has become more user-friendly
as the technology has matured and become more accessible
in the industry, including, but not limited to, programme and
planning software, and communication tools such as Zoom
and MS Teams.
THE IMPLEMENTATION OF TECHNOLOGY DURING
COVID-19
Since COVID-19 there has been considerable discussion
about the role of technology in the dispute resolution
process, including the role of the virtual court and arbitration.
Whether or not the adoption of a virtual court was a longterm objective, COVID-19 has made this a practical reality
and resulted in technology playing a greater part in many
aspects of the dispute resolution process.
COVID-19 restricted the ability for people to meet, and
inhibited the usual court process. Computer based technology
enabled the court process to be maintained by overcoming
the limitations on the movement and congregation of people
posed by COVID-19.
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International arbitrations benefited the most
from technology during the travel ban. This has
allowed the legal profession to maintain a dispute
resolution service with some form of human
interaction, albeit without the emotions of a live
court environment.
These transformations are likely to have created efficiencies
in terms of time, cost, presentation, and logistics, and may
well become a permanent feature of the dispute resolution
process as their benefits are fully realised.
Some of the software being used in dispute resolution has
not been developed specifically for this purpose, but has been
adopted from technology developed for other commercial
uses which existed prior to COVID-19. This software is utilised
alongside other specific software that had been previously
developed for the court process.
Only time will tell whether technological advances will
continue to be introduced into the dispute resolution process
at the same pace as during COVID-19, or whether the court
system will revert back to previous ways of working.