Technology is making disputes more common, more complex, and harder to control.
Jiyun Cameron Lee, partner at Folger Levin LLP and an arbitrator with the American Arbitration Association®, sees this happening across every industry.
“It no longer matters if a party itself is in ‘tech,’ because we are all consumers of technology,” she said.
A hospital relies on technology to manage medical records. A manufacturer depends on systems to run its supply chain. Across industries, technology now sits at the center of operations and, increasingly, of disputes.
It’s Not Just Bigger Cases. It’s More of Them.
For many companies, the real risk isn’t one large dispute — it’s many smaller ones.
Companies that operate through apps, platforms, and digital services are seeing growing exposure from individual claims. Each one may be relatively small, but together they can create meaningful risk.
That trend is continuing with AI. Demand letters and pleadings are becoming easier to generate, making it simpler to initiate claims and increasing the pace at which disputes emerge.
The result: more disputes, arriving faster, and often with less friction at the outset.
The Skills That Matter Are Changing
Cases today often involve large volumes of digital evidence, questions about how data is stored and accessed, and emerging challenges like AI-generated content. These factors make disputes harder to evaluate and manage.
That complexity is changing what parties need from arbitrators and mediators. They need neutrals who understand not just the law, but how technology affects evidence, discovery, and decision-making.
Lee pointed to the growing importance of selecting neutrals who are practical and technologically fluent, especially as digital evidence becomes more central to disputes.
Where Process Becomes the Pressure Point
The way these disputes are resolved can matter as much as the issues themselves.
Lengthy timelines, repeated delays, and inefficient discovery can drive cost and disruption well beyond the value of the underlying dispute. In Lee’s experience, in most cases the biggest driver of cost and stress isn’t the dispute itself: it’s the time spent in it.
Expansive, “scorched-earth” discovery, she noted, benefits no one and often increases costs without improving outcomes.
That makes early decisions about process more important than ever. Prioritizing key issues, focusing discovery, and creating a clear case plan can shift the trajectory of a dispute and open the door to an earlier resolution.
Keep the Off-Ramps Open
Even as disputes become more complex, one principle remains constant: resolution doesn’t have to wait until the end.
Exploring settlement early — and revisiting it mid-dispute — can give parties more control over outcomes. Negotiated resolutions can include business terms, payment structures, or other practical solutions that go beyond what a court or arbitrator could award.
“When you leave the outcome of a dispute in someone else’s hands, you lose the opportunity to control the outcome,” Lee said.
See How Disputes Are Being Resolved Across Industries
A Wall Street Journal feature explores how companies are resolving conflicts faster, more efficiently, and outside the courtroom.