Can ODR Humanize the Justice System? - SCL · Can ODR Humanize the Justice System? Sir Brian Neill Lecture, SCL, London, England Shannon Salter, CRT Chair December 3, 2018. What is

Can ODR Humanize the Justice System?Sir Brian Neill Lecture, SCL, London, England

Shannon Salter, CRT Chair

December 3, 2018

What is the CRT?

Part of the justice system

1st online tribunal in Canada

Bringing the justice system to the public

Condominium July 2016

Small Claims <$5KJune 2017

Societies & Co-opsEarly 2019

MVA Personal InjuryApril 2019CRT

Jurisdiction

4

Why the CRT? Access to Justice

Access

• Rural parties

• Complexity

• Limited support

Time

• Delays & backlogs at all court levels

Cost

• Travel

• Legal fees

• Court costs

Proportion

• Limited ADR• Few cases go

to trial

Guiding Principles

DIAGNOSIS, INFO

& SELF-HELP

PARTY-TO-PARTY NEGOTIATION

FACILITATION DECISION

Solution

Explorer

Online

discussion

Facilitated negotiation &

decision preparation

Adjudication

1 2 3 4

AutomationDispute Volumes

Seamless, Responsive Design

10

Solution Explorer

• Free public legal information and tools, available 24/7• Guided pathways • Interactive question and answers• Resolution or preparation for CRT process• Quarterly updates on content

Negotiation

• Connects parties so they can start talking

• May be able to work out a payment plan or other agreement

Mediation

• Expert mediators help people reach agreements, turned into tribunal orders

• Choice of how and when to work on dispute

Adjudication• 37 part-time/9 full-time tribunal members

• Experienced lawyers• All over province

• Mostly written hearings

• Plain language reasons

• Enforceable as court order

• Published decisions

Decisions

Participant Satisfaction

63

64

76

84

71

72

79

81

0 20 40 60 80 100

Online Services Easy to Use

Process Easy to Understand

Would Recommend to Others

CRT Treated Me Fairly

% Agree/Strongly Agree Voluntary online survey: April to September 2018

Small Claims Disputes Condominium Disputes

Inclusivity as a Core Value

Test With Advocates

First

Free Telephone

Interpretation

Simple Fee Waivers

Helpers Welcome

Plain Language

Culturally Competent

Staff & MembersDirect Phone

Line for Advocates

Mental Health

Training for Staff

Creating Space for Indigenous

Dispute Resolution

Multiple ways to connect

Accommodate

Special

Needs

Asking for Feedback &

Listening

Preferred Pronouns

More Information

Email

[email protected]

Twitter

@CivResTribunal@shannonnsalter

Facebook

facebook.com/CivilResolutionTribunal

www.civilresolutionbc.ca