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Move away from the building: will ADR be an essential element of an online small claims process?

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Move away from the building: will ADR be an essential element of an online small claims process?

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  1. Move away from the building: will ADR be an essential element of an online small claims process? Professor Sue Prince s.j.prince@exeter.ac.uk

  2. Moving away from the courtroom “Mediation can bring about earlier resolution in cases which are destined to settle and can, on occasions, identify common ground which conventional negotiation does not reach.” LJ Jackson ‘Costs Review’ (2009) “Litigation will be avoided wherever possible. People will be encouraged to start court proceedings to resolve disputes only as a last resort, and after using other more appropriate means when these are available. Information on sources of alternative dispute resolution (ADR) will be provided at all civil courts.” Lord Woolf ‘Access to Justice’ (1996) ”…There are a number of reasons which …lead me to adhere to the view that a departure from a default assumption that there must always be a traditional face-to-face trial is justified.” Lord Briggs, ‘Civil Court Structure Review: Final Report’ (2016)

  3. ADR and Dispute Resolution Negotiation/ co-operation Self-help / empowerment Problem-solving Dialogue

  4. Dispute avoidance Dispute avoidance Dispute containment Dispute containment Dispute resolution Dispute resolution

  5. Online Courts: ODR for Low Value Civil Claims (Civil Justice Council, 2015) Tier One Tier Two Tier Three Online Evaluation Online Facilitation Online Judges Classify and categorise problem Review papers and guide parties through mediation and negotiation Decide cases online – structured online process Proportionate justice

  6. British Columbia Civil Resolution Tribunal: example of pathway

  7. Information and Advice • Culture of Public Legal Education (PLE) • Digital Exclusion • Adversarial nature of process • Crystalise the difference between information and advice • Role of facilitation

  8. Small Claims Mediation

  9. Conclusions Most cases resolved online ADR processes become mandatory Growth in public legal education