Compulsory ODR: The Canadian Experience Shannon Salter, CRT Chair November 21, 2018

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

CRT Jurisdiction MVA Personal Injury April 2019 Condominium July 2016 Small Claims <$5K June 2017 Societies & Co-ops Early 2019 MVA Personal Injury April 2019 CRT Jurisdiction

Why the CRT? Access to Justice 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 1 2 3 4 DIAGNOSIS, INFO & SELF-HELP PARTY-TO-PARTY NEGOTIATION FACILITATION DECISION Adjudication Facilitated negotiation & decision preparation Online discussion Solution Explorer Dispute Volumes Automation

Seamless, Responsive Design

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

Connects parties so they can start talking Negotiation Connects parties so they can start talking May be able to work out a payment plan or other agreement

Choice of how and when to work on dispute 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

Inclusivity is a Core Value Test With Advocates First Free Telephone Interpretation Simple Fee Waivers Helpers Welcome Plain Language Culturally Competent Staff & Members Direct 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

CRT Where are we going? Fall 2018 MVA consultations & implementation Data analytics Intake 2.0 launches Winter 2018 MVA claim implementation work including most hiring & appointment Rules & SE content April 1, 2019 Jurisdiction over certain MVA claims Continuous improvement work CRT

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