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What is ODR? And Should it be Part of the Ontario Justice System?

What is ODR? And Should it be Part of the Ontario Justice System?

There’s no question about it: The modern world is all about technology. Almost anything can be had, promoted, achieved, or accessed in the online environment. More and more, the Internet is simply the place to be.

It should therefore come as no surprise that there is movement afoot in Canada to implement Online Dispute Resolution (ODR). Although there can be various different structures and permutations, this method of dispute resolution generally employs the use of meditators/arbitrators and other tools that are available for use online, and often around-the-clock. ODR aims to be a speedy, cost-effective alternative to having to take certain types of litigation to court.

In fact, British Columbia – which already has an e-filing system in place for filing court documents – is currently running a pilot project to use ODR practices in connection with settling some of that province’s Small Claims matters, more specifically those dealing with:

• consumer contracts that involve a maximum of $25,000 in damages or debt owing;

• recovery of personal property;

• specific performance of an agreement relating to personal property or services; and

• certain disputes involving/between strata condominium owners.

This pilot project also involves the creation of a Civil Resolution Tribunal that features a significant ODR element: Aimed at families and small business owners, it would involve the Tribunal tackling certain kinds of disputes and providing the parties with information that may even prevent disputes altogether. Disputes that nonetheless go forward can be resolved by consent after a negotiation process; failing that, the parties could try to have their matter determined by mediation. If that still fails to achieve resolution, then the parties could avail themselves of arbitration after an independent tribunal hearing, if necessary. The ODR component would be limited to the negotiation process only; however the mediator would be able to contact the parties online, and instigate negotiation services through that medium. The parties would also be able to access an online negotiation tool via the Internet, with templates and other bargaining aids provided. The negotiation comes to an end if the parties are unable to reach a settlement within a stipulated period of time.

Incidentally, some variant of the ODR model has already been successfully implemented in other parts of the world, most notably the United Kingdom and Australia. Various other jurisdictions (such as Quebec, Belgium and Luxembourg) are also considering it.

The government of Ontario, meanwhile, has not yet jumped on the bandwagon; as such, it may be missing out on plenty of potential benefits for the justice system. For one thing, the B.C. project anticipates that by using ODR, a dispute can be resolved within about 60 days, rather than the 12-18 months it currently takes a matter to wind its way through Small Claims Court in that province. This means that individual litigants can benefit from a speedier and potentially more cost-effective process by which to resolve their smaller disputes. And needless to say, if fewer litigants are clogging up the courts, this potentially saves the taxpayer some money as well.

Should Ontario’s justice system explore the ODR option? What are your thoughts?

At Russell Alexander, Family Lawyers our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders. For more information, visit us at www.RussellAlexander.com.

 

 

4 Comments
  1. Hi Russell, I’ve been tracking the use of ODR for a bit as well and have to say I’m surprised that Ontario is still not considering it. All the other “test runs” have seemingly gone pretty well, and as hard as the courts are trying to clear some of the back logs that they have, this seems to be one of the only processes that they haven’t “tossed around”.

    Jason

    June 12, 2012
    • Yes Jason. This seems long over due. We need to do everything we can to address the back log in Ontario’s family courts.

      June 12, 2012
  2. Nick McCabe #

    If I may, I would like to add my two cents to this discussion. As a law clerk I am sometimes detailed to schedule mediation sessions in our family law matters. These meetings regularly entail an average of a half an hour commute one way. We are required to drag the file along with us. Let’s not forget the prep meeting with the client, which may or may not be done same day, and via telephone. These things would be eliminated, and our time spent much more efficiently, if we had access to ODR. I guess the critical assumption would be the existence of a fast, reliable video and audio link with a user friendly interface. We could prep in our office, we would not have to move the file, there would be no time spent, or billed for travel, no parking or fuel expenses, and less prep for the firm/venue hosting the session.

    June 16, 2012
    • You raise some very good points Nick.

      June 17, 2012

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