Use of Technology at The Property Assessment Appeal Board of BC By Simmi K. Sandhu, Chair Thank you Pleased to be here to talk to you about not so much mediation in assessment appeals but ADR and its experience with using ADR in appeals

Stages of Tribunal Processes ODR at the Board How to define Success ? Online Usage Stages of Tribunal Processes ODR at the Board How to define Success ? The use of ADR in our appeal processes has to be put in context of the Board’s role and mandate in the property assessment system in BC, The Board’s experience in implementing ADR can offer some lessons to others looking to implement ADR As well as what ADR at the Board looks like today

BC Stats, telephone survey of 1130 British Columbians, 2015 Online Usage 92% of 17-64 year olds are online daily, and another 5% are online at least once per week 69% of those over 74 years old are online daily Darin BC Stats, telephone survey of 1130 British Columbians, 2015

Pew Research Centre: The internet represents a fundamental shift in how Americans connect with one another, gather information and conduct their day-to-day lives

Stages of Tribunal Processes & Use of Technology: Commence Dispute 1- party Technology: i) Solution Explorer(SE) ii) Website for Info iii) E-filing Negotiation 2-party No 3rd party Non-Binding Technology: i) Email negotiations ii) ODR iii) SE on Strength of Case Mediation/ADR 3rd party neutral (Mediator) Technology: i) Tele-conferencing ii) Video-conferencing iii) ODR Adjudication 3rd party neutral (Arbitrator) Binding determination of dispute Technology: i) Exchange of submissions & evidence by email or web-based platform ii) Electronic panel file iii) Distribute & publish written decision through email/website The Board has had 20 years of experience in using ADR in its appeals. In 1998, the Board implemented ADR into its processes by adopting new Rules that incorporated appeal management and dispute resolution. Shifting the focus from preparing appeals for adjudication to preparing appeals for resolution with adjudication as the last resort Since then we have seen increasing collaboration between the parties

Commencing Disputes: E-filing

Solution Explorer: Should I Appeal? Solution Explorer allows users to determine even before they appeal whether they have a strong case or not– is an attempt to resolve a homeowner;s concern and provide an evaluation before they file an appeal

This users simply picks the issue they are concerned with. For example: Most common complaint is owners are concerned with the % increase in their assessments. Or, they may be concerns with the fairness compared to neighbouring properties. Due to the nature of assessment law, some of the concepts are relatively complicated. So, to make it less intimidating, we have inserted videos throughout the site, and pop up boxes which explains the concepts.

Depending on the answer to the question, they will get targeted information

Negotiation/Mediation Stage: Mediation/SC by way of teleconference, video conference Solution Explorer after commencement– self service evaluation Online Dispute Resolution 24/7 discussion platform Part of ODR is a solution explorer (a self service screening tool) and the ODR platform itself

Online Dispute Resolution What is ODR: Online Dispute Resolution Application of information & communications technology to Resolve a Dispute Prior to 1998, All appeals before the Board were prepared for adjudication. The Board would schedule all appeals for hearings with 3 member panels. This lead to increasing backlogs and uncertainty in the system

ODR : ODR allows users to get similar targeted information If an appeal goes into ODR, parties log into the platform to commence discussions with the other party and the Board

The ODR application is very simple to use - just like a simple chat tool. The user types in their concerns with the assessment, attaches support documents like pictures of damage to a structure or spreadsheet of sales. BC Assessment then responses with their postion and support. It starts out with just the two parties chatting. If they can’t resolve on their own, they simply click on a button “Request Board Facilitator”, then we join the online discussion to help either resolve it or set the next steps for adjudication. In the 4 years we used ODR we had a resolution rate of 71% (6% higher then telephone mediation).

This is just a screen shot of the flow of online discussion.

Residential Resolution 2013 - 2018 Note: 8% of 2018 appeals are currently active

Resolution Rate over Time The resolution rate has remained at 90-95%

Questions to ask in Using ODR: What is the Nature of your Disputes? What is the Nature of your Processes? Where can ODR fit? What are your Goals? In 1998, the Board made changes in 3 areas: Professionalization of the Board with the recruitment of qualified vice chairs and expert members and the adoption of a code of conduct for its members Adoption of a case management process where all appeals are actively appeal managed with an emphasis on resolution and the creation of a computerized case management system Adoption of increased accountability with quantifiable goals and targets and regular stakeholder communications How do you Measure Success?

Adjudication: Written Submissions Hearings

Shift Away from In-person Hearings

Volume of Appeals: This despite a significant increase in appeal volume over time, particularly the last few years were we have seen an almost 40% in volume

Cost per Appeal The cost per appeal also has remained steady…although our cost and bugdet is fixed and has remained unchanged

For more information: Board’s website at www.assessmentappeal.bc.ca Contact Simmi K. Sandhu, Chair: simmi.sandhu@paab.bc.ca