Civil Resolution Tribunal
Shannon Salter
Chair
Introduction to the CRT
•
Where did the CRT come
from?
•
Where are we now?
•
What does the future look like?
•
How do paralegals and
support staff fit in?
Where did the CRT come
from?
“We have built a legal system that has become
increasingly burdened by its own procedures,
reaching a point that we have begun to impede the
very justice we are striving to protect…"
- George Strathy, Chief Justice of Ontario,
September 2014
Where did the CRT come
from?
Access • Rural parties • Complexity • Limited support • Few cases go to trial Time • 12-18 months (SC) • Longer for strata • Delays & backlogs Cost • Travel • Legal fees • Court costs (strata) Proportion • Generic processes • Generalist decision-maker • Little mediation or case managementTo summarize…
Access to justice barriers Win/lose outcome Citizen dissatisfactionGuiding Principles
CRT
Timely
• Focus on early resolution • 60 – 90 day processFlexible
• Range of ADR options • Continuous improvementAccessible
• 24/7 • Service delivery tailored to citizens • Legal information and supportAffordable
• Staged fees • Usually no travel/legal costs • Fee exemptionsEfficient
• Active case management • Tailored timelines and processes • Avoid duplicationHow will it work?
Information, problem diagnosis, self-help Party to party negotiation Case Management: facilitated ADR &hearing preparation
Adjudication
How will it work?
•
Initially voluntary (mostly)•
Website available 24/7•
Flexible processes: negotiation,facilitation, adjudication
•
Asynchronous interactions•
Mix of service channels, but noone left behind
Solution Explorer
•“Guided pathways” to provide problem diagnosis, information, self-help, streaming and triage in a technology-based system
•Either resolves problem or prepares user for subsequent phases •Interactive question and answer format
Negotiation
•
Connects parties to encourage negotiated settlement:
o
Zero to nominal cost
o
Opportunity to avoid spending more time/money on
dispute
•
Occurs during facilitation/case management queue:
Facilitation
•
Case manager/facilitator works with the parties to reach a consensual agreement•
Very flexible processes:o Asynchronous or synchronous
o Resolve some or all of disputes
o Can decide dispute with consent
•
If agreement reached, can get quick order from tribunal member•
If no agreement reached, helps parties to prepare for adjudication:o Organize claims, submissions, evidence
o Avoids duplication and delays
Adjudication
•
Mostly part-time adjudicatorso Experts
o Located all over province
•
Primarily written hearingso Some telephone and video hearings
•
Brief written reasons, with opportunity formore detailed reasons if necessary
•
Decisions enforceable in courto No need to sue on agreement
•
Decisions can be appealed/judiciallyAccess to Justice
•
Provides self-help resources to diagnose problems, and
empowers people with tools to solve them
•
Accessible 24/7, regardless of location
•
Case manager/facilitator assists parties personally to
resolve disputes, and if necessary, prepare for
adjudication
•
Telephone support available
•
Entire process takes 60-90 days
Challenges
•
What about people who are unwilling/unable to use the
technology?
•
What happens if there are problems with the
technology?
•
What about people who want to use a lawyer/support
person?
Where are we now?
Fall/Winter 2014
• Conceptual designs • Selecting technology
partner
• Hiring key staff
• CRT implementation website launch
Spring 2015
• Appointment of adjudicators
• Hiring case managers • Rules & templates • Technology build
continues
What will the future look like?
A new integrated, end to end, user focused, service delivery model isbeing pioneered by the Civil Resolution Tribunal.
A new breed of online tools are being created to offer a seamless,multi-channel experience, including self-serve options, which can be leveraged by multiple organizations.
These tools applied across theAdministrative Justice sector, will give users improved access to justice, and administrators a greatly enhanced performance management and
Paralegal & support staff
•
Where do paralegal and support staff fit in?
o
Existing scope of practice:
Supporter/helper
o
Under expanded scope of practice:
Law Society Task Force
•
Possible role for paralegals in providing
expanded/unbundled legal services to users
•
CRT supports the involvement of paralegals in
this regard
More information
Shannon Salter
(604) 785-9549
http://www.ag.gov.bc.ca/legislation/civil-resolution-tribunal-a
