Remote Hearings and Digital Platforms: How they are being used for Litigation & Dispute Resolution

The legal system has historically relied on in-person attendance and paper-based procedures, but there has been a significant shift in recent years. With digital platforms continually advancing and improving, and global disruptions caused by the COVID-19 pandemic, the legal system has had to adopt remote hearings as a formal setting, particularly when it comes to dispute resolution.

As technology continues to become a permanent fixture within the modern justice system, we look at the pros and cons of remote/digital procedures, focusing on how they are being utilised for dispute resolution cases.

During the pandemic, restrictions on physical gatherings meant that using video conferencing platforms such as Zoom and Microsoft Teams in the legal process became essential, so Judicial Authorities had to adapt. This led them to create practice directions and procedural guidance to regulate virtual proceedings. Previously, these platforms were only used where necessary, for example, if parties were unable to attend physically due to geographical or financial obstacles.

Remote hearings and digital platforms have brought a number of benefits to the legal system. Courts, tribunals, and legal institutions can now make dispute resolution more accessible and efficient.

These benefits include:

• Remote hearings automatically reduce any geographical barriers, allowing all parties, legal professionals, and witnesses to attend the hearing.
• Removal of travel, accommodation, and venue costs. This reduces the overall expense of litigation and expedites proceedings with simpler scheduling.
• Justice systems can remain operational even during emergencies such as pandemics, natural disasters, or political unrest.
• Courts and tribunals can provide hybrid models, combining in-person and virtual hearings, tailored to each individual case.
• Reduced travel lowers the carbon footprint of legal practice.

While the adoption of technology for hearings and other procedures has its benefits, there are also challenges to be aware of:

Limited Access – parties may be at a disadvantage if they do not have adequate access to technology, internet connection, or knowledge of how to use the different platforms available.

Fairness and Credibility – potential effects to witness credibility assessments, dynamics and seriousness of proceedings. It is much harder to assess the credibility of a witness remotely rather than in person. This is particularly important in a trial or other final disposal hearing.

Cybersecurity Risks – without necessary and secure digital safeguards, issues like data breaches and unauthorised recordings may arise.

Training and Knowledge – new protocols and processes need to be put in place, with legal professionals adopting the new way of doing things to ensure procedural integrity.

Loss of Human Interaction – the courtroom atmosphere and the psychological gravity of physical hearings are difficult to replicate online.

Another way in which digital platforms and technology are being utilised in the legal sector is Online Dispute Resolution. Various e-mediation portals and tools have been created to offer cost-effective and user-friendly options when resolving disputes, removing the need for formal litigation. These have proven to be particularly successful for small claims and cross-border commercial disputes, leading various legal institutions to integrate these platforms and practices into their procedures.

Ultimately, the success of remote litigation and digital dispute resolution depends on balancing innovation with fairness. If you are seeking advice on Litigation & Dispute Resolution and want to discuss your options with an expert, contact our team today and book your free 30-minute consultation.

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