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'e-Bay-style online courts could resolve smaller claims' 'eBay-style online courts could resolve smaller claims'
(35 minutes later)
Low-value civil court cases in England and Wales could be dealt with by an online disputes system similar to eBay, a report recommends.Low-value civil court cases in England and Wales could be dealt with by an online disputes system similar to eBay, a report recommends.
The Civil Justice Council says settling non-criminal cases of less than £25,000 online would reduce the expenses generated by a court.The Civil Justice Council says settling non-criminal cases of less than £25,000 online would reduce the expenses generated by a court.
Principal author Prof Richard Susskind said eBay disputes were "minor", like many civil court cases.Principal author Prof Richard Susskind said eBay disputes were "minor", like many civil court cases.
Her Majesty's Courts and Tribunals Service says it welcomes the report.Her Majesty's Courts and Tribunals Service says it welcomes the report.
The proposed Online Dispute Resolution (ODR) scheme would be similar to the one used by online marketplace eBay to diagnose and resolve disputes.The proposed Online Dispute Resolution (ODR) scheme would be similar to the one used by online marketplace eBay to diagnose and resolve disputes.
Online facilitators would be used to help parties reach an agreement, and if that fails, online judges would make rulings as binding as those made in court. Online facilitators would be used to help parties reach an agreement, and if that fails, online judges would rule on cases without the need for courts to be booked or for the parties involved to appear in person to give evidence.
The BBC's legal affairs correspondent Clive Coleman says the report is not calling for improvements to the existing civil justice system, but for a radical and fundamental change to the way courts deal with smaller claims.The BBC's legal affairs correspondent Clive Coleman says the report is not calling for improvements to the existing civil justice system, but for a radical and fundamental change to the way courts deal with smaller claims.
The report from the council, which advises on the modernisation of civil justice, suggests conducting a pilot, ahead of an anticipated full roll-out in 2017.The report from the council, which advises on the modernisation of civil justice, suggests conducting a pilot, ahead of an anticipated full roll-out in 2017.
'21st Century users''21st Century users'
The report notes that the dispute resolution system run by eBay settles 60 million disputes between small traders every year.The report notes that the dispute resolution system run by eBay settles 60 million disputes between small traders every year.
Prof Susskind, said the model was "remarkable" and could be used in a similar way in the civil courts system which was "too costly, too complex and too slow.".Prof Susskind, said the model was "remarkable" and could be used in a similar way in the civil courts system which was "too costly, too complex and too slow.".
Speaking on BBC Radio 4's Today programme he said eBay disputes "are minor differences but so are the very many differences in our civil courts system".Speaking on BBC Radio 4's Today programme he said eBay disputes "are minor differences but so are the very many differences in our civil courts system".
Prof Susskind, who is IT adviser to the Lord Chief Justice, said the online court would have "a three-tier structure, and we expect most disputes to be resolved at the first two stages without a judge becoming involved".Prof Susskind, who is IT adviser to the Lord Chief Justice, said the online court would have "a three-tier structure, and we expect most disputes to be resolved at the first two stages without a judge becoming involved".
Under the proposals, tier one would be "dispute avoidance", helping people understand their issues and identify the best way of resolving them.Under the proposals, tier one would be "dispute avoidance", helping people understand their issues and identify the best way of resolving them.
Tier two would be "dispute containment" using facilitators to help the parties reach agreement on resolving the issue.Tier two would be "dispute containment" using facilitators to help the parties reach agreement on resolving the issue.
Finally, tier three would be "dispute resolution", employing the use of online judges to consider cases online, largely on the basis of papers received electronically, but with an option of telephone hearings.Finally, tier three would be "dispute resolution", employing the use of online judges to consider cases online, largely on the basis of papers received electronically, but with an option of telephone hearings.
Prof Susskind said the system had the potential to resolve tens of thousands of cases every year and cost less for the parties involved and the taxpayer.Prof Susskind said the system had the potential to resolve tens of thousands of cases every year and cost less for the parties involved and the taxpayer.
Lord Dyson, chairman of the Civil Justice Council, said: "This an important and timely report. Lord Dyson, chairman of the Civil Justice Council called it "an important and timely report" saying the system had so far been too slow to embrace online technology.
"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."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.""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."