What is a Dispute Resolution?
A dispute resolution is a process whose sole aim is to settle the disputes, conflicts, or claims between two or more parties. It is also known as ADR or Appropriate Dispute Resolution. The dispute resolution process works independently of the state, federal jury or judge in resolving the disputes related to employment, personal injury, business, housing, family, neighborhood, environmental disputes, and more in the court of law. The process involves the understanding of the values and interests of the parties involved separately, overarching values’ appeal, and non-direct confrontation.
Why use a Dispute Resolution?
The dispute resolution process comes with a lot of advantages as compared to the court proceedings. This type of litigation support is faster and cheaper, along with providing greater involvement and having extra control over the disputed outcome. Apart from this, this process is flexible and less formal as compared to the trial court rules. This means an enormous amount of time and efforts are saved during this process, which can be utilized in some other productive tasks.
Does Dispute Resolution requires Attorney Participation?
Most of the cases do not require the participation of an attorney. However, if the dispute resolution is referred by the court of law, the attorneys do participate in it. The attorney’s role depends on the type of dispute resolution and dispute nature. In a lot of processes, clients are accompanied by their attorneys for participation as advocates or counselors. This is essential also as the expertise of an attorney is required to have a better insight into the dispute resolution process.
What TechnologicaL Trends Aid Dispute Resolution?
- Cloud Computing/Cloud Apps
Several law firms are incorporating the use of cloud-based applications. These apps allow attorneys to gain access to important documents, review them, and send them anywhere at any time from any supported device. These type of apps are apt for firms for legal support services, which are small and those who do not have the monetary deposit to support on-site software, buy hardware or pay the IT personnel. It is all about the quality of work and if these apps can provide your business with the same work quality, there is no need to look for other options due to the many conveniences it offers.
This also enables the firms to process the information and provide solutions to the clients quickly. The reason being the transfer of files in ‘cloud to cloud’ takes time in locating and extracting the data, which is never the case with ‘cloud computing.’ This definitely makes us understand the nuances of handling the complex cloud accounting world and take the necessary actions for the same.
- Analytics and Technology-Assisted Review
With the help of analytics and technology-assisted review(TAR), one can focus on the most important and relevant documents. This technology involves the use of counts in order to identify the relevant groups for using various data points like ‘objective and concepts’ information, metadata, content searching, and more.
It is considered to be on par with the lawyers when it comes to document reviewing. This is the reason it has seen a considerable amount of growth in acceptance amongst tribunals, practitioners, and courts in various major jurisdictions.
The international and new US laws are compelling small firms to take security concerns and data privacy on a serious note. The servers and emails are vulnerable for sure, and this is the reason the use of cloud-based applications has surpassed the on-site software and hardware systems.
The best cybersecurity solution is nothing but incorporating the use of blockchain technology which employs hashing or cryptographic security for the sharing of information across computer networks. The information is condensed through hash codes into irrevocable fixed letters and numbers length and is more secure than the traditional techniques for encryption.
- Smart Contracts/Artificial Intelligence (AI)
Smart Contracts help in making the contracts less costly and more effective by automating the significant aspects of an agreement. The banking sector and cryptocurrency involves the maximum use of smart contracts since they are considered safe and convenient, and the legal industry is not far behind when it comes to their usage.
Apart from this, Artificial Intelligence also plays a vital role in simplifying the legal process for research. Useful platforms like ROSS Intelligence and Judicata makes the processing of a query easy and finds intelligently the matching precedents after searching the case law.
- Online Dispute Resolution Technology (ODR)
Online Dispute Resolution (ODR) is a settlement process which is conducted online using the Alternative Dispute Resolution (ADR) methods. The disputes which are covered in the ODR are the ones which have been started in cyberspace but which also have an offline or outside source. These disputes are settled completely or partially over the internet. Throughout the world, this process is also known by the names of online ADR (oADR), electronic ADR (eADR), and Internet Dispute Resolution (iDR).
As per Professor Richard Susskind, a widely known legal technologist, the court works in the entire world will be conducted online in the future. A huge spectrum of application and ideas are covered under ODR related to the online dispute and digital processes.
The most common ones include:-
- Online initiation of a case
Proceedings are commenced using relevant documents by parties online.
- Online courts and tribunals
Judges make decisions based on hearings through video conferencing.
- Virtual mediation rooms
No need to be physically present for conducting private mediations.
- AI settlement systems
Calculating outcomes which satisfy both the parties on the maximum level.
These technologies for the dispute resolution process are being adopted worldwide and at a fast pace too. Lawyers can make the use of this type of legal support to make positive changes to the resolution processes. These new legal technological trends not only make the processing of data simple and secure but also provide cost-effective and convenient solutions to the parties along with fast settlements.