Post-pandemic trends in technology and family law
Many things changed during the COVID-19 pandemic. Some practices we were all glad to see end, such as wearing face masks and needing proof of a negative test result before air travel. But some behaviours were introduced that have become mainstream, such as working from home and virtual meetings. Many organisations now operate a hybrid working policy, giving employees more flexibility in their work–life balance, and considerable time and money is saved on business travel. Legal practitioners are seeking to understand the impact of the pandemic and technology on family law and how it has reshaped family dynamics.
From virtual courtrooms, more flexible and adaptive custody arrangements, the increased use of mediation, and a more collaborative approach to law, we outline the emerging trends and potential reforms that will alter the landscape of family law in the years to come.
Virtual courtrooms
A virtual courtroom is a judicial forum that has no physical presence but provides the same justice services available in conventional courtrooms. Virtual legal proceedings are conducted with one or more participants appearing remotely. Access to the courtrooms is limited to online participation, videoconferencing and teleconferencing.
Virtual courtrooms have many benefits but also potential drawbacks. They allow attorneys to practise in different geographic areas and limit travel time, costs, and logistical problems, as the only requirements are a secure internet connection, reliable technology, and a quiet place to sit during the hearing. These courtrooms promote security and confidentiality as they can be easily closed to the public, which is especially important for sensitive matters.
To implement virtual courtrooms, existing systems for case management and processing will need to be adapted or replaced to allow for the new technology and remote access. An unintended consequence of virtual courtrooms is witness unreliability. As the witness cannot physically be seen, there is a risk of witness tampering. In a virtual courtroom setting, it can be hard to tell if a witness is being coached through text messages or another dishonest method.
CaseLines
An example of the successful implementation of virtual hearings in South Africa is CaseLines. The Judge President successfully adopted CaseLines on 10 January 2020. The Gauteng Division of the High Court now has the capability to register new civil cases electronically, submit documents, and present evidence within the jurisdiction of the Gauteng Division. CaseLines also offers opportunities to engage and cooperate in pre-trial preparations and procedures.
Mediation
The COVID-19 pandemic changed the way family law attorneys practise. Lockdowns and movement restrictions underscored the need for flexible and accessible legal processes. Mediation and more collaboration emerged, allowing parties to resolve conflicts in a less hostile and more amicable manner.
Since the pandemic, the use of technology for remote mediation has accelerated. Although technology has increased access to mediation services, there are significant challenges related to digital literacy, exclusion, security, and confidentiality of mediation proceedings. While online mediation offers convenience, it simultaneously raises concerns about cybersecurity, data privacy and, perhaps most importantly, the loss of personal connection and interaction between parties and mediators.
Co-parenting styles
While some parents encountered significant issues with child care and contact during the pandemic, others turned over a new and positive leaf when it comes to their co-parenting style. The pandemic created many challenges for co-parents but also provided a unique opportunity for divorced parents to set aside old grudges and dysfunctional patterns. Parents were forced to cooperate to deal with a severe external threat to their children’s and their own physical and emotional health and wellbeing.
Divorce and mental health
The legal processes involved in family law matters are emotionally taxing for everyone involved and often exacerbate pre-existing mental health issues, which can significantly affect legal proceedings and the outcome of the case. All parties involved benefit from access to mental health support and the legal system must take the mental wellbeing of all parties into consideration.
Some of the most common mental health issues that arise during family law matters are depression, anxiety, and post-traumatic stress disorder (PTSD). The end of a marriage is a traumatic event and it is not uncommon for divorcing spouses to experience feelings of sadness, hopelessness, or worthlessness. This can make it difficult for them to focus on the legal proceedings or make decisions that are in their best interest. The legal process can trigger memories of traumatic events that occurred during the marriage and emotions that were thought to be long gone.
Artificial intelligence and technology
With the rise of artificial intelligence (AI), the legal system will undergo significant change over the next decade. Richard Susskind, in his book, “Online Courts and the Future of Justice”, demonstrates how litigation will be transformed by technology, and proposes a solution to the global problem of access to justice.
His book considers the idea that lawyers could submit evidence and arguments to the judge online, moving judgments from the courtroom to online platforms. Subsequently, technology could help solve disputes without the need for the traditional court system. The outcomes of court decisions would be based on past judgments and determined through predictive analytics.
Technology in family law has the potential to help improve outcomes and a way to resolve public disputes in ways that were not previously possible. While this transformation might not solve all the problems in the legal system, it may offer an improvement. The world has become digitalised and lawyers should make use of what is available online.
People still come first at SD Law
At SD Law, we view technology as a tool, not as an end in itself. We harness the best that technological advances can offer to serve our clients more efficiently and effectively. But people will always come first. We focus on the child’s needs and prioritise a cooperative spirit among parents. We support modern co-parenting arrangements and help families move on from divorce with dignity and emotional stability.
SD Law is a law firm in Cape Town, Johannesburg and Durban with expertise in family law. If you need help with child care and contact or a parenting plan, or any other aspect of family law, call Simon on 086 099 5146 or email sdippenaar@sdlaw.co.za.
Further reading:
- Revolutionising child care post divorce
- Securing a fair settlement
- Emotional intelligence in child care and contact matters
Divorce Attorney Cape Town
http://divorceattorneycapetown.co.za/The information on this website is provided to assist the reader with a general understanding of the law. While we believe the information to be factually accurate, and have taken care in our preparation of these pages, these articles cannot and do not take individual circumstances into account and are not a substitute for personal legal advice. If you have a legal matter that concerns you, please consult a qualified attorney. Simon Dippenaar & Associates takes no responsibility for any action you may take as a result of reading the information contained herein (or the consequences thereof), in the absence of professional legal advice.