Summary of Managing Construction Conflict: Unfinished Revolution, Continuing Evolution (Part III)
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In part III of Managing Construction Conflict: Unfinished Revolution, Continuing Evolution, Professor Stipanowich highlights “five trends that are likely to have a growing impact on our lives, on law practice and the management of conflict.” Those five trends are: increasing use of technology, increasing globalization, expanding understanding and insights through behavioral science and “big data,” longer productive lives (active retirement), and increased opportunities for ADR education and credentialing in the professional practice.
He starts with some examples of the benefits technology brings to the dispute resolution context:
Arbitration hearings in complex construction cases are often high-tech events, with arbitrators and counsel utilizing digital displays on two or three monitors at once. Lawyers and arbitrators are deriving important benefits from services such as LiveNote, which permits the viewing, highlighting and annotating of testimony in real-time, and may feature streaming video feeds permitting testifying witnesses to be observed long-distance. Electronic transcripts available via cloud offsite storage enable practitioners to search the content of transcripts from anywhere in the world with internet access. Moreover, transcripts in electronic formats are easily searchable, helping counsel locate and direct a witness’s or arbitrator’s attention to key portions of the transcript, and saving arbitrator time during award preparation.
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