Category Online Dispute Resolution

New Book Explores Legal Innovation through Conversations on Technology, the Legal Profession, and Societal Change

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A recently published, open access book from publisher, Cambridge University Press explores legal innovation, its impacts, challenges, and opportunities through conversations focusing on technology, the legal profession and societal change. The book includes contributions from world-leading experts. Some topics covered by the book include:

  • Dispute Resolution Transformed by Technology
  • Corporate Governance in the Age of Artificial Intelligence
  • Innovation in Financial Services and Supervision
  • Artificial Intelligence and Legal Services
  • Whether Digitalisation Will Help the Five Billion People Without Meaningful Access to Justice

Legal Innovation: Conversations about Technology, the Legal Profession and Societal Change, edited by Felix Steffek and Mihoko Sumida is available online here: https://www.cambridge.org/core/books/legal-innovation/8EBED6F418ED6BAFACAAF08DA2E4F173.

New U.S. Report Examines How to Make ODR More Accessible to Self-Represented Litigants

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A new U.S.-based study looks at barriers to online dispute resolution (ODR) use for parties with low literacy, and potential strategies to better inform self-represented litigants about ODR. Insights were gathered through focus groups held in geographically and demographically diverse areas in the US.

Among participants in the focus groups:

  • Many were not previously aware ODR.
  • A majority were keen to use ODR as an alternative to going to court, indicating its promising potential.
  • Participants expressed concerns about negotiating through text, citing issues with misunderstandings, uncivil behaviour, information security, and legitimacy.
  • Additional concerns were raised around a lack of internet/technology access and digital literacy.
  • Many participants expressed a desire for a moderator or facilitator to oversee their communications with the opposing party, particularly to help manage emotional reactions such as feelings of being overwhelmed or intimidated.
  • Participants valued plain language with simple definitions of legal terms, step-by-step instructions, bullet point formatting, and visual aids like images and instructional videos.

Making ODR More Accessible to Self-Represented Parties: Focus Group Perspectives by Rachel Feinstein and Jennifer Shack can be downloaded here: https://odr.aboutrsi.org/.

Ontario Government Announces Investment in Digital Justice Platform

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The government of Ontario has announced funding of more than $160 million to support increased access to legal services online, and the transition from paper-based procedures to an online platform to access the Superior Court of Justice and the Ontario Court of Justice. The government indicates that these investments are being made to make it “easier and faster to resolve legal matters by moving more services online.”

Thomson Reuters has been contracted to deliver a new online justice platform aimed at providing the following capabilities for users:

  • Easier and faster document-filing online
  • The ability to digitally access court case information online
  • Online payment of fees
  • Virtually connect to hearings
  • Management of court appearances online
  • Receive decisions electronically

The news release about Ontario’s investment in a digital justice platform is available through Ontario’s Ministry of the Attorney General here: https://news.ontario.ca/en/release/1003292/ontario-investing-in-digital-justice-platform.

National Self-Represented Litigants Project Seeking Feedback on Virtual Hearings

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The National Self-Represented Litigants Project (NSRLP), an organization that works to enhance the responsiveness of the Canadian justice system to self-represented litigants, is seeking feedback from self-represented persons on their experience in virtual hearings.

Since the early days of the COVID-19 pandemic, courts and tribunals in Canada have increasingly shifted toward virtual processes, replacing many in-person court hearings with meetings via Zoom, Teams, etc. The National Self-Represented Litigants Project is conducting research aimed at understanding self-represented litigants’ experiences with virtual hearings in all legal environments (family, civil, criminal, tribunal). The survey is open to self-represented litigants anywhere in Canada. The survey is anonymous and will take no longer than 15-20 minutes to complete.

The survey is available in English here: https://www.surveymonkey.com/r/C68ZLYP.

Ce sondage anonyme est disponible en français ici : https://www.surveymonkey.com/r/ZDXDMJH.

This research is funded by the McLachlin Fund.

Advocacy Centre for Tenants Ontario Report Examines the Impacts of Shift to Online Hearings

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A new report by the Advocacy Centre for Tenants Ontario (ACTO) examines how the move from in-person to online hearings is impacting low-income tenants across Ontario. “Digital Evictions: The Landlord and Tenant Board’s Experiment in Online Hearings” discusses the challenges and consequences for tenants who do not have access to reliable internet and phone services for their hearings. The report also indicates that the shift to online hearings may have disproportionate adverse impacts for rural and remote households, tenants whose first language is not English, people with mental health issues, and people who are illiterate or innumerate.

The ACTO report explores data from several sources, including surveys of digital hearings that were carried out across Ontario from March to May, 2021 and reveals several drawbacks to participation in a virtual hearing by video or phone. The report also highlights ACTO’s concern that the digital first approach to hearings will continue post pandemic. “Digital Evictions: The Landlord and Tenant Board’s Experiment in Online Hearings” is available on the ACTO website here: https://www.acto.ca/production/wp-content/uploads/2021/06/Digital-Evictions-ACTO.pdf.