Civil Resolution Tribunal

Transcription

1 Civil Resolution Tribunal Shannon Salter Chair 8 th Annual Paralegal and Support Staff Conference, Vancouver, BC

2 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? Questions?

3 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

4 Where did the CRT come from? Access Time Cost Proportion Rural parties Complexity Limited support Few cases go to trial months (SC) Longer for strata Delays & backlogs Travel Legal fees Court costs (strata) Generic processes Generalist decision-maker Little mediation or case management

5 To summarize Win/lose outcome Citizen dissatisfaction Access to justice barriers

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

7 How will it work? Dispute volumes Information, problem diagnosis, self-help Party to party negotiation Case Management: facilitated ADR & hearing preparation Adjudication

8 How will it work? Initially voluntary (mostly) Website available 24/7 Flexible processes: negotiation, facilitation, adjudication Asynchronous interactions Mix of service channels, but no one left behind Telephone support

9 Solution Explorer Guided pathways to provide problem diagnosis, information, selfhelp, streaming and triage in a technology-based system Either resolves problem or prepares user for subsequent phases Interactive question and answer format Available 24/7

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14 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: o Efficient/avoids duplication

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16 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 o Enhances access to justice

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18 Adjudication Mostly part-time adjudicators o Experts o Located all over province Primarily written hearings o Some telephone and video hearings Brief written reasons, with opportunity for more detailed reasons if necessary Decisions enforceable in court o No need to sue on agreement Decisions can be appealed/judicially reviewed to the court.

19 Access 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 days Continuous feedback and improvements

20 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? When will the CRT open its doors?

21 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 CRT Launch!

22 What will the future look like? A new integrated, end to end, user focused, service delivery model is being 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 the Administrative Justice sector, will give users improved access to justice, and administrators a greatly enhanced performance management and continuous improvement capabilities.

23 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

24 Questions?

25 More information Shannon Salter (604) Implementation site coming soon!