The adaptation of judicial bodies to an increasingly sophisticated reality is a constant challenge around the world. There are issues related to the administration of justice that become relevant in the short and medium term and, if intelligently leveraged, can become an opportunity to meet the growing need to resolve conflicts quickly.
Digitalization of the Judicial Function
Despite the historic reluctance of courts to establish electronic notification channels for fear of defenselessness caused by a technical failure, the pandemic forced the implementation of the initiative to notify resolutions by email, which has been a resounding success and a secure means of communicating resolutions to the parties.
The next step is to enable electronic submission of written pleadings and the holding of virtual hearings. Although in the latter case there are certain complications in assessing the credibility of a witness from a video call, there are procedural acts that could be addressed in this way, saving time for all parties involved. This practice is already functioning in some jurisdictions and will become increasingly necessary to avoid judicial delays.
Automation of paperwork
Artificial intelligence and the application of algorithms in everyday life have enabled the automation of legal documents. So far, the private sector has been the main beneficiary of these facilities, which has increased the flow of cases handled by the courts. However, the collaborators responsible for the resolution projects that accompany the judge often spend much of their day on tasks such as notifying the defendant or sending letters to other institutions.
It would be beneficial if these collaborators could complete these tasks more quickly and with a minimum margin of error. This would significantly reduce the wait for a solution to the dispute, as more resources would be dedicated to studying the law and reviewing evidence, resulting in more reasoned and accurate judgments in less time. In addition, the collaborators’ time would be freed up to work on more important tasks.
What if collaborators could complete these tasks more quickly and with a minimum margin of error? The wait for a solution to the dispute would be significantly reduced, as more resources would be focused on studying the law and reviewing evidence, resulting in more reasoned and accurate judgments.
Training on non-legal aspects
In relation to the aforementioned, the high number of judicial cases highlights the need to seek efficiencies in the work of the judicial system and to have a highly trained team of collaborators. However, to achieve this, it is necessary to address challenges that go beyond strictly legal training. It is important to bear in mind that an effective tool can only be fully utilized if there is a trained team to use it.
Who teaches a judge to transmit their knowledge to their team?, how can the team be motivated to adapt to changes?, how can their performance be evaluated?, should judges be trained to design and implement projects to optimize resources and operational processes? Often, these aspects are underestimated or simply ignored. Training and encouraging judges in these areas can be key to extending best practices and successful experiences in resource and process optimization within the judicial system.
Where are we heading?
The topics addressed so far are just the tip of the iceberg when it comes to improving the administration of justice. Although they are immediate and easy-to-implement aspects, their benefits to society are significant.
It is important to remember that these are not the only aspects to consider. With the increasing implementation of information and communication technologies, along with the use of Big Data and jurisprudence, transparency and public scrutiny of the Judicial Branch will increase.
This can present challenges and opportunities for the administration of justice, which must be faced and seized to further improve the efficiency and effectiveness of the judicial system for the benefit of society.