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Online Dispute Resolution - The future for low value claims

The Civil Justice Council (CJC) has published a recommendation for the establishment of an internet based court service to deal with low value civil claims. It will be known as HM Online Court (HMOC).

At the moment, we have Money Claim Online (MCOL) which allows a user to issue a claim for a fixed sum online. The Defendant can also file its defence online. After that, the case is transferred out into the regular court system and is subject to standard directions regarding disclosure of documents etc leading up to a conventional trial. Whilst some costs are saved, essentially MCOL simply provides another access point to the courts.

HMOC will differ in that the entire procedure will be dealt with online. Judges will decide cases online, interacting electronically with parties. The CJC predicts two major benefits – an increase in access to justice (a more affordable and user friendly service) and substantial savings in the cost of the court system.

It is envisaged that HMOC will have a three tier structure:

  • Dispute avoidance: Potential claims will be evaluated online to assist users to identify their issues and the best way to resolve them.
  • Dispute containment: Trained facilitators will try to help the parties reach an agreement as to how to resolve their dispute.
  • Dispute resolution: Where cases are not resolved during the first two stages, judges will decide appropriate cases online (with the possibility of conducting telephone conferences). Their decisions will be binding and enforceable as court judgments.
The aim is for HMOC to be launched in 2017.

Posted on 03/09/2015 by Ortolan

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