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

2. 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

3. 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

4. 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

5. • 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%)

8. 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

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

10. 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

11. CRT Dispute Application
CRT Technology Demo
Solution Explorer
CRT Dispute Application

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

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

23. 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

24. 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

25. 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

26. 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

27. Continuous Improvement
Ask for feedback/ advice
LISTEN
Incorporate feedback
Improve

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

29. 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)

30. 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

31. Twitter: @shannonnsalter
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