Despite the evolving landscape of legal technology, the legal industry remains one of the most traditional sectors, often resistant to change. However, adoption of technology has never been more paramount, particularly in the realm of dispute trials.

The argument for transitioning to virtual or hybrid formats is compelling, driven by the need for efficiency, cost reduction, and enhanced access to justice. Despite the benefits, the adoption of these formats has been slow, hindered by entrenched preferences and infrastructural challenges. This blog post explores why dispute trials must embrace virtual and hybrid formats, the obstacles to this transition, and the undeniable benefits of doing so.

The Need for Modernisation

The traditional in-person format of dispute trials is fraught with inefficiencies. Logistical issues such as travel, accommodation, and scheduling can significantly delay proceedings. For instance, coordinating the presence of key witnesses who may be located in different parts of the world can be a daunting task. This not only prolongs the trial process but also incurs substantial costs. Virtual and hybrid trial formats reduce the need for physical presence and associated costs.

During the COVID-19 pandemic, many courts adopted remote hearings out of necessity, proving that virtual and hybrid formats are not only feasible but also effective. Despite this progress, court systems have fallen back into their comfort zone as the trend for virtual disputes has since reversed, and in-person hearings have again been re-established as the standard. Further evidence that changes take time and the benefits of modern formats haven’t fully resonated.

Barriers to Adoption

Several factors contribute to the slow adoption of virtual and hybrid trial formats. Traditional dynamics such as the intimidating formality for witnesses, observing body language first-hand, and the ‘drama’ of a courtroom setting all play a key role in shaping the nature of in-person trials — and contribute to it being the preferred format for most judges and litigations teams. They are accustomed to in-person hearings for these reasons and are wary of the potential risks and changes associated with leveraging technology for trials. Concerns about the reliability of internet connections, the possibility of technical failures, and the perceived lack of control over remote participants are common. Early remote hearings during the pandemic were plagued by poor internet connectivity and inadequate platforms like Skype, leading to a distrust in the effectiveness of virtual formats.

Additionally, courtroom infrastructure is not often conducive to effective virtual proceedings. Many court buildings, especially older ones, are not equipped to handle the technological demands of virtual and hybrid trials. Poor Wi-Fi, insufficient power outlets, and lack of space for necessary equipment are prevalent. Even newer buildings, like the Rolls Building in the UK, which was intended to be a state-of-the-art facility, fall short in terms of technological readiness. Without addressing these infrastructural deficiencies, the transition to virtual and hybrid trials remains difficult.

Technological Solutions for Virtual and Hybrid Trials

The latest legal technologies support a streamlined transition to virtual and hybrid dispute trials in several ways:

• Real-Time Transcription: This technology allows for live transcription of court proceedings, enabling participants to receive immediate access to transcripts. This is particularly useful for remote hearings, where real-time access to information is crucial.
• Electronic Bundling: Electronic bundling involves organising and presenting documents digitally, which is essential for managing large volumes of evidence in complex cases. This technology ensures that all parties have access to the necessary documents without the need for physical copies.
• Video Conferencing Platforms: Advanced video conferencing tools provide reliable and high-quality connections for remote participation. These platforms (e.g., Zoom, Microsoft Teams, EpiqTMX, etc.) can support hybrid trials by allowing some participants to be physically present while others join remotely.
• AI Dispute Resolution: AI can facilitate online dispute resolution for smaller claims, similar to how e-commerce platforms like Amazon and eBay handle disputes. This technology streamlines the resolution process, making it faster and more efficient.
• Secure Document Sharing: Technologies that enable secure sharing and collaboration on documents ensure that all parties can access and work on evidence remotely, maintaining the integrity and confidentiality of the information.

How Virtual and Hybrid Trials Advance the Court System

With virtual and hybrid trial formats, there is an opportunity to address long-standing court system challenges that have had far-reaching implications.

• Trial Process Acceleration: Remote participation eliminates logistical delays, allowing trials to proceed more quickly. This is crucial in addressing the case backlog that many courts face.
• Significant Cost Savings: Eliminating the need for travel and accommodation reduces expenses for all parties involved. This is particularly beneficial for small and medium-sized enterprises (SMEs) that may struggle with the financial burden of traditional trials.
• Access to Justice: Remote participation ensures that individuals, regardless of geographical or financial constraints, can engage in the legal process. For instance, flying an expert witness from Canada to London for a half-day testimony is not only costly but also environmentally unsustainable.

Conclusion

The case for hybrid and virtual trial formats is clear, but it’s important to acknowledge that change management is a process. The way to overcome resistance to evolving traditional practices is to take an approach with purpose — one that introduces new solutions as a series of step changes and helps build acceptance over time.

Learn more about Epiq Court Reporting Services.