In recent years, Legal Technology (LegalTech) has grown in sophistication and brought many benefits to stakeholders in the Dispute Resolution space. Services such as electronic filing systems and case management software have made processes more efficient and less menial.
With measures in place to mitigate the spread of COVID-19 pandemic, it is no surprise that businesses are moving towards digitalisation to cope with changing demands and the new business landscape. Technological advancement in the Dispute Resolution scene then comes under the spotlight to enable Dispute Resolution processes to continue.
With the normalising of virtual hearings during the pandemic, it is likely that virtual hearings will remain an option post-pandemic.
Deeper insights on International Dispute Resolution
We assisted the Singapore International Dispute Resolution Academy (SIDRA) in conducting the International Dispute Resolution Survey 2020 (SIDRA Survey), which was published in July 2020.
Our series explores the currently emerging trends and possible future developments in the Dispute Resolution scene based on insights drawn from the SIDRA Survey, so as to help you make strategic decisions.
Digitising the discovery process
- Digitising the discovery and inspection phase of legal proceedings can help reduce the time taken and cost incurred.
- eDiscovery software offers a single platform for collection, storage, processing, retrieval of electronically-stored information (ESI), bringing convenience and a streamlined workflow.
- Users are able to better manage their documents using digitised search functions.
- Looking ahead, incorporating the power of Artificial Intelligence (AI) and machine learning into eDiscovery platforms to assist in document reviews will increase the accuracy and efficiency in the discovery process.
Virtual court hearings and Online Dispute Resolution mechanisms: Much potential remains untapped
- Social distancing and remote working measures to tackle the COVID-19 pandemic has resulted in fundamental procedural changes in the Dispute Resolution process.
- With the normalising of virtual court hearings during the pandemic, it is likely that virtual hearings will remain an option post-pandemic.
- The advent of Online Dispute Resolution (ODR), synonymous with the online facilitation of Alternative Dispute Resolution (ADR), has brought about more flexibility and convenience. While ODR is not novel, much of its potential still remains untapped.
- Continuous enhancement and development of the ODR processes would likely shift the perceptions of Dispute Resolution users.
Analytics in the selection of tribunals, arbitrators, mediators and/or counsels
- Users often rely on recommendations and impressions when appointing key stakeholders to preside or advocate their interests in the Dispute Resolution process.
- A platform, software or database that connects Dispute Resolution users to tribunals, arbitrators, mediators and/or counsels would prove beneficial in making informed selections.
- Using data-driven analytics, Dispute Resolution users can readily assess and identify individuals who are best suited to deal with the complexities of the disputes. At the same time, this improves both the diversity and predictability of appointment of tribunals, arbitrators, mediations and/or counsels. This in turn can reduce potential conflicts, as well as reduce process delays by selecting key stakeholders from a limited pool of known entities.
Embracing digital transformation in Dispute Resolution
While users have greatly benefited from developments in LegalTech, concerns over security, privacy and data protection should not be downplayed. It is imperative to establish and implement best practices and protocols as the dependence on technology increases.
Overview of key considerations of incorporating technology in Dispute Resolution
Determine your goals/needs
Functionality of tool
Security of platform
The jurisdiction and laws
