Disruptive Innovation in Law Deaken Law School. Vancouver, BC Shannon Salter, Chair May 24, 2017

Part of the justice system What is the CRT? Part of the justice system 1st online tribunal in Canada Bringing the justice system to the public Odr based administrative tribunal that’s integrated into the justice system. This means that people can complete the entire process online and at the end get a tribunal order that’s enforceable as a court order. The CRT is mandatory – people must participate, or risk an order against them It’s the first online tribunal in canada, and the only one we know of in the world Although we talk about the technolgoy a lot, really this is still a very human –driven process - what we are doing is leveraging technology to bring alternative, collaborateinve dispute resolution to people, wherever they happen to be, whatever the circumstance of their lives may be

Jurisdiction: Civil Resolution Tribunal Act Condominium Neighbour disputes Governance Repairs Rentals Parking Pets Common property Small Claims Under $25K Debt Contract Personal Injury Personal property Consumer Some employment

Why the CRT? Access Time Cost Proportion Rural parties Complexity Limited support Time ~ 7-11 months (small claims) Delays & backlogs Cost Travel Legal fees Court costs (strata) Proportion Limited ADR Few cases go to trial

• In our survey the data for 2 answers about non-use of the internet were confusing. BC stats analyzed the data and concluded that a higher number of 5% was reliable. (compared to 0.7%)

Guiding Principles Timely Flexible Accessible Affordable Efficient CRT Timely Focus on early resolution 60-90 day process Flexible Range of ADR options Continuous improvement Accessible 24/7 Anywhere Legal information and support Affordable Staged fees Usually no travel/legal costs Fee exemptions Efficient Active case management Tailored timelines and processes Avoid duplication

CRT Overview Dispute volumes Adjudication Information, problem diagnosis, self-help Party to party negotiation Case Management: facilitated ADR & hearing preparation Adjudication Dispute volumes

Solution Explorer Free public information, available 24/7 Guided pathways Interactive question and answers Tools, templates, resources Resolution or preparation for CRT process Ongoing improvements & add small claims content

CRT Dispute Application CRT Technology Demo Solution Explorer CRT Dispute Application

Negotiation Connects parties to encourage negotiated settlement Zero to nominal cost Low intervention Tools & support Avoid more time/money on dispute

Facilitation Dispute resolution expert helps reach agreement Very flexible : Asynchronous or synchronous Resolve some or all of disputes Can decide dispute with consent

Increases access to justice Facilitation If agreement Quick order from tribunal member Enforceable in court If no agreement Adjudication support Help narrow issues, organize claims Increases access to justice Avoids duplication and delays

Adjudication Mostly part-time tribunal members Lawyers with subject expertise Located all over province Usually written hearings Some telephone/video hearings Plain language written reasons Decisions enforceable as court orders Published decisions

Appeal Method Small Claims Appeal to Provincial Court Basically trial de novo Cost/deposit consequences Strata Appeal to BC Supreme Court Leave required Question of law

CRT Caseload at a Glance Strata 6300 Solution Explorer visits 400 disputes total About 100 Rate of applications ↑ Small Claims (expected) 5000 cases 5K and under 50% default Streamlined process 85% facilitation success rate Focused facilitator time Ongoing analytics for tailored process templates

Continuous Improvement Ask for feedback/ advice LISTEN Incorporate feedback Improve

Agree/ strongly agree (46 responses, 613 new explorations)

Participant Feedback Understandable process? Treated respectfully? Surveys Understandable process? Treated respectfully? Felt heard? Solution Explorer What’s missing? “Not Helpful” button Analytics Stakeholders Meetings Direct line to human Regular testing & consultation Staff/public comments Change meetings Engaged staff (huddle board)

CRT Where are we going? Fall/Winter 2016 June 1, 2017 Fall 2017 Strata claims fully implemented Solution Explorer small claims beta testing Technology development June 1, 2017 Small claims $5,000 & under Key performance indicators and evaluation Fall 2017 Increased limit for small claims Data analytics & continuous improvement CRT

Twitter: @shannonnsalter More Information Email: info@crtbc.ca Twitter: @shannonnsalter www.civilresolutionbc.ca