
The Future of the Courts
On the 14th October 2015, Westminster Legal Policy Forum held a seminar on the future of the courts, the second part to which focused on access to justice and the role of technology. Below are some short notes of the proceedings. I have not included all speakers but just some of the comments that I found of particular interest and relevance to the role of technology in a modernised justice system. Professor Richard Susskind, IT Advisor to the Lord Chief Justice and Chair of

Will UK Gov'ts Late Payment Solution Deliver?
On the 26th July 2015 the UK Government launched a consultation on proposals to establish a Small Business Commissioner to help small business resolve supply chain disputes with other larger businesses. See https://www.gov.uk/government/consultations/small-business-commissioner-role to participate in the consultation. Paragraph 7.13 makes clear that the Government see a role for mediation:- "Where appropriate the Commissioner will propose mediation to resolve a dispute” and 7

New Requirements on Retailers to Inform Customers from 1/10/15 of Forms of Alternative Dispute Resol
As from the 1st October 2015 it will be an offence for any business selling goods or services to people buying other than for the purpose of a trade, profession, business or craft to not inform those customers whose complaints they do not resolve, of the details of an Alternative Dispute Resolution (ADR) service that covers such transactions, is accessible and operational online, and has been approved by Trading Standards. Further, the business must say whether or not they wi

Justice Minister Looks to ODR to Help Rescue the British Civil Court System
Michael Gove, who in May 2015 was given the duel role within the UK justice system and government of Lord Chancellor and Secretary of State for Justice, used his first formal speech, at the Legatum Institute in London, to criticise our "creaking and outdated" justice system which has, through the barriers of cost and excessive formality, become inaccessible to a large section of society and set out his proposals for the future. He noted that :- " it astonishes businesses an

Westminster Business Forum
I was pleased to be invited to speak at a recent (5th February) Westminster Business Forum on the forthcoming changes in consumer law and the implementation this year of the European Directive on Alternative Dispute Resolution (ADR) and coming into force of the Regulation on Online Dispute Resolution (ODR) for resolving consumer disputes online. The list of speakers and subjects, which included policy makers with key stakeholders, consumer bodies, trade associations, ADR pro

Her Majesty's Online Court
In the news today is the publication of the ground breaking Report by the 15 strong ODR Advisory Group to the Civil Justice Council (of which I am a member ) for an Internet based court service with judges hearing cases online and with much more effort in helping people resolve disputes without requiring a judge. We have set up a website that will grow over time. It contains the full Report as well as additional material and interviews with experts. We suggest a 3 tier syst
Different perspectives – A strategic approach to change in the ADR industry
By Tresca Rodrigues The alternative dispute resolution (ADR) industry is at a pivotal point of change and its ability to respond effectively is vital for future success. Changes to the ADR landscape (EU ADR Directive, the government’s civil justice agenda, legal aid cuts) have pushed dispute resolution away from the expense of a lengthy court process. These changes continue to gain further momentum with the recent Civil Justice Council’s recommendation on the use of online di

Online Dispute Resolution and Access to Justice
Looking forward to giving a presentation to a Council of Europe hearing in Madrid on the 30th October as to the role of Online Dispute Resolution (ODR) in improving access to justice. Not to be confused with the European Union, the Council of Europe was the body set up by the governments of Europe in the aftermath of World War II to put something in place to learn the lessons from the spread of fascism and to help secure a more democratic foundation for the Europe of the fu