The influential Civil Justice Council (CJC) has called for “online courts” to be in operation in England and Wales by 2017.
In a major report, Online Dispute Resolution for Low Value Civil Claims, published this week and backed by Lord Dyson, the CJC recommend that an online dispute resolution (ODR) system be developed to run alongside traditional courts.
Law and technology expert and author of Tomorrow’s Lawyers, Professor Richard Susskind, who wrote the report, said: “This report is not suggesting improvements to the existing system.
“It is calling for a radical and fundamental change in the way that our court system deals with low value civil claims. ODR is not science-fiction. There are examples from around the world that clearly demonstrate its current value and future potential, not least to litigants in person.
“On our model, an internet-based court would see judges deciding cases online, interacting electronically with parties. However, our suggested online court has a three-tier structure, and we expect most disputes to be resolved at the first two stages without a judge becoming involved.”
The report calls on Her Majesty’s Courts and Tribunals Service (HMCTS) to set up a pilot as soon as is practicable with a view to rolling out an online court based on the findings.
Lord Dyson, Master of the Rolls and Chair of the CJC, said: “This an important and timely report.
“There is no doubt that ODR has enormous potential for meeting the needs (and preferences) of the system and its users in the 21st century. Its aim is to broaden access to justice and resolve disputes more easily, quickly and cheaply. The challenge lies in delivering a system that fulfils that objective."
The report explores the case for ODR, looks at the type of issues that could arise and sets out a series of illustrative case studies of current ODR systems in the UK and overseas.
It suggests a three-tier model: dispute avoidance (online evaluation of the problem); dispute containment (trained facilitators provide an objective viewpoint and help the parties to try to reach agreement); and dispute resolution (professional judges decide suitable cases online with an option of telephone hearings - the decisions are as binding and enforceable as court rulings).
The pilot would focus on small claims, complementing the existing small claims mediation process. The report suggests piloting the system in 2015-2016, ahead of full roll-out in 2017.
David Greene, NLJ consultant editor and partner at Edwin Coe, says: “Having worked as an online mediator for eBay I know that that system does work. It’s the way to go. Taking a step further into adjudication is more adventurous because it is likely to press the judge into a much more inquisitorial role. Probably it can only really work in certain types of cases.
“The judicial process is often dependent on seeing the parties and witnesses give evidence. Taking that evidence over the phone would miss that element. It would make more sense to develop video/skype conferencing for the scheme.”
However, a Bar Council spokesperson urged caution: “We must be wary of creating a system which is over-simplified and does not do justice to the circumstances of particular cases.”
