Conducting Hearings on Video in Compensation Matters

Video Hearings – Quick Answer

Video hearings allow legal matters to be conducted remotely, but they still require preparation, clear evidence, reliable technology and careful communication. For injured people, the format may change how the hearing is experienced, but it does not remove the need to understand the process and be ready to participate.

A short preparation checklist can make this older blog more useful and easier to apply.

Video hearings are more convenient for some clients, but preparation, documents and communication remain critical to a good hearing experience.

Video Hearing Preparation Checklist

• Test your technology: Check camera, microphone, internet and login details.
• Prepare documents: Have relevant material accessible and organised.
• Choose a quiet space: Reduce interruptions and background noise.
• Know the process: Ask your lawyer what to expect and when to speak.
• Join early: Allow time to resolve technical issues.

What is a video hearing?

A video hearing is a legal hearing conducted remotely using video conferencing technology.

Conducting hearings on video has become more common since the outbreak of COVID-19 as most courts and other tribunals have not been able to conduct face‑to-face hearings. Rather, they have opted for video conferencing via Zoom and other video-conferencing mediums.

If your compensation matter involves a hearing, our team can help you prepare for the process.

How do video hearings affect compensation matters?

Video hearings can change how people attend and participate, but the legal issues and evidence still matter.

Judges, barristers and solicitors had to become adept at using the various video-conferencing techniques.  This hasn’t been altogether easy.  There have been many technical difficulties which have been disruptive and frustrating.

However, with trial and error the skill of users has improved, making the taking of evidence and the conducting of hearings more effective than they were at the beginning.

How should you prepare for a video hearing?

You should test technology, organise documents, choose a quiet space and understand the process before the hearing starts.

It seems however that the success of video conferencing has apparently persuaded the Court administrators to mandate that face‑to-face hearings after COVID is just a sad memory.

In my experience the close observation of a witness’s demeanour is of paramount forensic importance for the decision maker to determine whether or not a witness’s testimony is truthful and reliable.

In my own experience as a decision maker I have found it difficult to closely observe a witness’s demeanour from a distance.  I prefer to see the whitesof witnesses’ eyes during questioning.

Also I fear that taking evidence by video is open to abuse such as coaching off camera and witnesses deliberately staging technical failures such as loss of audio and vision under difficult questioning.

There is of course is a place for conducting court hearings on video, for example, if a witness lives a far distance from the court location.  However, in my opinion, video-conferenced hearings should be the exception, not the norm.

What common problems should you avoid?

Avoid joining late, using poor internet, speaking over others or attending without necessary documents.

How can Stacks Goudkamp help?

Stacks Goudkamp can prepare clients for the process and explain what to expect in their matter.