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Online Dispute Resolution and The Civil Resolution Tribunal

David MernerJustice Services BranchBC Ministry of Justice

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Why the CRT?

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MAG Justice Vision

money / revenue

demand for services

ACCESScost, delay, complexity

demographicseveryone’s

retiring

technological and social

shifts

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What is driving Justice Transformation?

Health services$15,868

40%

K-12 education$5,742

14%

Post-secondary institutions

$4,76312%

Social Services$3,492

9%

Justice & Public Safety$1,550

4%

Other$6,394

16%

Interest charges$2,217

5%

Expense by function, Second Quarterly Report ($m)Total = $40,026

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What is driving Justice Transformation?

Extensive Research:• 2012 Cowper Report: “Culture of delay”• 2006 B.C. Civil Justice Reform Working Group– “too expensive, too complicated, too slow”

• 1996 CBA Systems of Civil Justice Task Force• Dozens of other reports, world-wide

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Judicial leadership: Canada

• The most advanced justice system in the world is a failure if it does not provide justice to the people it is meant to serve. . . . Unfortunately, many Canadian men and women find themselves unable, mainly for financial reasons, to access the Canadian justice system. . . . Access to justice is the most important issue facing our legal system.

Chief Justice Beverley McLachlan, 2007

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Judicial Leadership: US

• The obligation of our profession is, or has long been thought to be, to serve as healers of human conflicts. To fulfill our traditional obligation means that we should provide mechanisms that can produce an acceptable result in the shortest possible time, with the least possible expense, and with a minimum of stress on the participants. That is what justice is all about.

Chief Justice Warren Burger, US Supreme Court, 1982

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BC’s First Wave – First Steps

Justice Access Centres – Assessment, Information, Referral to Services

Civil and Family Rules/Fees Review– Case conferences, simplification, rationalization– Chief Justice Don Brenner’s leadership role

Provincial Court Small Claims Pilot Project– Case streaming; JPs, Mediators, P.C. Judges– Chief Judge Hugh Stansfield’s leadership role

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The first wave

Justice Access Centres – Assessment, Information, Referral to Services

Provincial Court Small Claims Pilot Project– Case streaming; JPs, Mediators, P.C. Judges

Civil and Family Rules/Fees Review– Case conferences, simplification, rationalization

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The Second Wave – Apply the Lesson Learned

• Don’t pave the cow path• Change is challenging for courts and lawyers• Address the underlying problems– From monopoly to service mentality

• Need to change the way we provide service– New online services– Administrative justice model– Better management of demand (including unmet)

• Public legal education and information• Right information, to the right person, at the right time

THE SECOND WAVE: TECHNOLOGY

• Moore’s Law: every 18 months the processing power of computers doubles and the cost halves.

• “...our social and economic lives are likely to be radically overhauled as a result of the rapid emergence of a clutch of information and internet related technologies of unimaginable power.” (Richard Susskind)

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The second wave: good service

Internet Service Counter

Telephone Mail E-mail0

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15

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25

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35

40

45

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Used as First Channel Used as Principal Channel

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How will the CRT work?

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ODR in the CRT• Web: information, communication 24/7• Online dispute resolution• Asynchronous interactions• Mix of service channels

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How will the CRT manage cases?

• Tribunal manages the cases, not the lawyers• Case mangers manage to resolution, not to

hearing• Timeliness targets– Measured– Published

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How will the CRT manage cases?

• Emphasize early action and resolution• Problem diagnosis, self-help, info, triage– Including triage back into the court system

• Self-help• Large case management component • Judicial review

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CRT Emphasis on Collaborative DR

• ADR designed into the tribunal– Avoid adversarial framing of disputes

• Relationships, agreements (orders too)• Adjudication as a last resort

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CRT Specialized Streams

• Streaming and specialization:– Proportionality and matching principles

• Part-time specialized case managers and tribunal members

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Informal, solution-oriented user focus

• Staged fees• Focus on the front-end• Self-representation• Informality • Flexibility• Speed

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Can we make justice ‘smarter’?

• Move from anecdote to data• Move from evaluation snapshots to movies• Myth of settlement vs. reality of attrition

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Business Intelligence, Evaluation Data and Continuous Improvement

• Intelligent dashboards• User evaluation data• Continuous improvement

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Justice System Reform

• Increasing backlogs• Resource shortages• Public confidence

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CRT as a Future Model• Focus on users and outcomes• Speed, simplicity, affordability• Technology instead of bricks and mortar• Complement traditional system:– We prefer cooperation over competition

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David Merner and Darin ThompsonDispute Resolution Office

Justice Services Branchhttp://www.ag.gov.bc.ca/dro/

(250) 387-6888