"I'll see you in Court!", used to be a threat thrown across the negotiating table as a last resort. That threat might sound a little hollow in these days of COVID-19, when protection measures have forced courts as well as arbitration bodies to ban in person hearings.
Hearteningly, courts and arbitration bodies are quickly adapting through the use of technology. While these bodies had started on the path of online dispute resolution, necessity has truly been the mother of invention and we find ourselves in a world where a major class action is being run largely in an online environment with just a small number of representatives in court and the other parties in the offices (or by the pool) watching the proceedings via Zoom or similar platforms. That is one way to avoid those uncomfortable lift rides in the lunch break...
We had already started to see a shift towards technology to streamline court processes (and potentially save some trees by providing documents online), with the implementation of the online court for preliminary matters, the use of audio-visual links to appear remotely, and online filing of documents. But we hadn't progressed to fully online proceedings. This was partly because advocates couldn't bear the thought that that their stunning cross examination could be stymied by a witness just pulling the plug on the Skype connection but also because it just seemed a leap too far.
In the last few days, we've seen courts around the world including the NSW Supreme Court, stop all personal appearances (except with special permission), close the public registries, suspend jury trials, require all court documents to be filed electronically and move towards video and teleconference facilities for future listings. The Federal Court is allowing all documents to be filed electronically, temporarily allowing documents to be signed electronically, and working towards alternative arrangements for listings that require in-person attendance (either on the papers, by telephone or remote access technology). We are also seeing ongoing changes in the Local and District courts.
As you would expect, the leading arbitration bodies have been quick to adapt. We previously wrote about the use of technology in arbitration. The Australian Disputes Centre is now offering an online option for arbitration and mediation, providing online rooms (currently being recommended by ACICA) and software called 'ADC Virtual'. This is described as an 'all in one' platform that provides virtual rooms, as well software designed for arbitration and mediation. The features allow for case management, online meetings and secure document sharing, recording video and audio messages, integrated agreements and scheduling and templated form requests. Given the nature of dispute resolution, there is an emphasis on confidentiality and security of the virtual rooms and document sharing features.
As with everything else at the moment, the steps being taken by the courts and arbitration bodies are changing day to day – if you have a dispute in court or before a tribunal, continue to check for the latest updates. But be reassured, institutions are rapidly developing to meet this challenge and we can expect the technology to rapidly develop along with it. While this is not a situation anybody wants to be in, one positive may be the rapid development of technology to allow for more dispute resolution to be conducted online and this has long-term benefits for everyone.
We do not disclaim anything about this article. We're quite proud of it really.
