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Paying for the ODR Service

Paying for the ODR Service

At what stage do the parties have to pay for this ODR service?

 

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Yeah, so there will be fees for going through the Civil Resolution Tribunal. Our current expectation is that they will be equal to or less than court fees. We are trying to innovate a little bit around fees, and we are trying to stage the fees, so the Solution Explorer, we expect that to be free. “Here is your chance to resolve this dispute on your own.” Now we are talking about . . . You asked me earlier about incentives. Here is an incentive to use the Solution Explorer and to try hard to resolve your dispute on your own, to not just throw up your hands and say, “Someone else is going to look after this for me.”

 

This is the free stage, and if the parties go into negotiation, then there will be a fee for that, but it’s not like you are going to be paying the entire court fee, the equivalent to a court fee then. It will be a smaller fee, and again, here is some incentive built in for the party to try and resolve.

 

What we expect is you will pay the balance of, again, getting you up to the sum total of the court fee. You’ll pay, really, two fees as you head into case management. One fee for case management, and one for adjudication. If you resolve in case management, you resolve by agreement, then the adjudication fee will be refunded to the person who paid.

 

I hope what you can see here is we’re trying to stage the fees in such a way that there are some incentives for the user to resolve earlier, it also in some ways reflects the “you use what you pay for” I’m sorry “you pay for what you use” – where if you are not going to adjudication, then you don’t have to pay that portion of the fee. I will say it’s not, by any stretch, 100% cost recovery. The fees do not cover the cost of the services that are delivered, like most justice processes, but this is the idea of having users pay for what they use.

About the mediator

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Darin Thompson is a lawyer with the Ministry of Justice in British Columbia, Canada. He currently serves as the Acting Legal Officer for the BC Civil Resolution Tribunal, a new, fully online tribunal that will begin operations in 2015, handling small claims and condominium disputes. He has helped to initiate multiple projects using Online Dispute Resolution and is a member of the Canadian delegation to the United Nations Working Group on ODR. ... View Mediator