May 10th, 2022 220507 Delium CIArb Whitepaper – The Role of Technology in Arbitration and Other ADR 2

 

To download the Whitepaper, please click here.

 

About the Whitepaper

In late 2021, the Chartered Institute of Arbitrators (Australia) and Delium Ltd conducted a research project, surveying arbitrators, mediators, counsel, and other legal practitioners. The survey focused on the challenges and opportunities that technology delivers to alternative dispute resolution, particularly as applied in evidentiary hearings and the development of the arbitral determination.

This whitepaper presents research findings along with analysis and opinions of how sector participants adapt to new technologies and new ways of working – the challenges they face, any identified opportunities for experience enhancement, and their future intentions. Our main observations are as follows:

1. Virtual and hybrid hearings and mediations will increase, with or without ongoing travel restrictions.
2. The key challenge facing virtual ADR is a lack of knowledge about:
   1. how best to conduct virtual ADR processes; and
   2. the availability and use of suitable technology. Video conferencing and screen-sharing tools are inadequate.
3. Evidence presentation and witness management and assessment are the two areas of key concern in the virtual realm:
   1. In the case of evidence presentation, participants want to interact with evidence in the same way they do in a traditional forum.
   2. In the case of witness management, there are widely held concerns about assessing credibility and integrity as well as the practical management of remote witnesses using technology.
4. Notwithstanding identified challenges, respondents identified a range of compelling benefits of virtual hearings, including flexibility of location and time zone, convenience, cost reduction, and better access to justice.
5. Two key capabilities considered highly desirable are:
   1. automatic capture of the record of presented evidence; and
   2. post-hearing arbitral access to the transcript linked to evidence for the purpose of writing the arbitral award.

Who is CIArb Australia?

Since 1915 and with over 16,000 members worldwide in over 130 countries, the Chartered Institute of Arbitrators is a professional organisation representing the interests of alternative dispute resolution practitioners. The Chartered Institute of Arbitrators exists for the global promotion, facilitation, and development of all forms of private dispute resolution. In addition to providing education, training, and accreditation for arbitrators, mediators, and adjudicators, CIArb acts as an international centre for practitioners, policymakers, academics, and the business community.

CIArb Australia is one of 41 branches offering institute members a prestigious, globally recognised qualification and access to a global professional community and regular networking opportunities.

What is Delium?

Delium is an acclaimed evidence presentation environment, delivering a unique capability that is changing the face of trials and arbitrations internationally. Delium’s patented presentation functionality makes it the only trial and arbitration software capable of providing a genuinely paperless electronic hearing run by legal teams. Delium replicates the best elements of the traditional trial processes and workflows while keeping an unparalleled and comprehensive record of proceedings. Delium allows litigators to work seamlessly with public and private evidence versions during hearings. You can have everything you need at trial or arbitration loaded and available in Delium.