Online court no longer science fiction for UK

An internet-based court service is the future for low value civil claims, according to a new UK report. The Civil Justice Council report advocates the introduction of Online Dispute Resolution (ODR) as part of the court system of England and Wales as a means of making justice less costly, time consuming and complex for courts users.

The report was published by a working group of the Civil Justice Council, tasked with monitoring and modernising the civil courts system in England and Wales. The terms of reference of the report were to investigate ODR as an option for civil claims up to £25,000. The report recommended that Her Majesty’s Online Court (HMOC) be established to allow for judges to decide cases online, interacting electronically with parties. One of the primary goals of the project is early resolution of dispute through the work of individuals called ‘facilitators’. The report predicts that two major benefits would flow from HMOC – an increase in access to justice (a more affordable and user-friendly service) and substantial savings in the cost of the court system. The report added that the jurisdiction of HMOC could also be extended to suitable family disputes and other appropriate case which come before tribunals.

The proposed model is a three-tiered service:

  1. Online Evaluation: assessment of the problem and finding solutions for early resolution
  2. Online Facilitation: to conclude disputes without judges through mediation and negotiation
  3. Online Judges: Trained judges assess online submissions, with the option of telephone conferencing. The decisions would be binding and enforceable like other court rulings.

 

The report was endorsed by Master of the Rolls, Lord Dyson, who said that ODR had good potential to broaden access to justice. “At a time of major pressure on public spending and high legal costs, ODR offers a major opportunity to help many people for whom public funding to resolve disputes is not available, or for whom legal costs are prohibitive.”

Click here to read the report Online Dispute Resolution for Low Value Civil Claims published February 2015.

Click here to read a report from The Guardian.

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