Trust Mediation, the provider of independent, specialist mediators for Personal Injury and Clinical Negligence claims, today announced the publication of a white paper by its Chair, mediator Tim Wallis, titled “ADR, ODR and Digital Justice: The Resolution of Personal Injury and Clinical Negligence claims now and in the future”, this insightful white paper takes a comprehensive look at the challenges and opportunities in the jurisdiction of England and Wales stemming from the combined integration of Alternate Dispute Resolution (ADR), Online Dispute Resolution (ODR), legal technology, AI, and evolving civil justice policies in the sector.
The paper identifies four key forces driving the significant changes to claims resolution:
- civil justice policy development,
- extension of fixed recoverable costs (FRC),
- advancements in technology and AI, and
- societal expectations for rapid, digital resolution.
It positions these changes as part of a shift towards a more digitally oriented, faster justice system, underpinned by technology and AI.
“The future is already here – It’s just not evenly distributed yet,” says Wallis, unashamedly borrowing Professor Richard Susskind’s oft-used quote from author William Gibson in his foreword. “This paper is an attempt to distribute that future a little more evenly, helping law firms, insurers, and other businesses in this sector navigate the wave of change that’s already upon us.”
The paper suggests that these sweeping changes will require practitioners to build on the traditional adversarial mindset by also embracing a dispute resolution perspective. It highlights the need for organisations to develop or acquire necessary ADR, ODR, IT and AI skills, integrate these skills into their structures, and ensure compliance with privacy, data, and client protection standards.
“The combination of the current forces for change is on a different scale and of a different nature to anything that has gone before,” Wallis observes. “Our organisations and people need to acquire new skills, areas of expertise and work methods in addition to those already in place.”
In addition to exploring the transformational impact of technology and policy changes on the sector, the white paper also offers strategic recommendations for organisations to navigate and thrive in this evolving landscape.
The full White Paper can be viewed below.