transforming administrative tribunals with...
TRANSCRIPT
Transforming Administrative Tribunals
with Technology
BCCAT ConferenceOctober 3, 2011
Darin Thompson, DirectorCourt ReformMinistry of Attorney General
David Merner, Executive DirectorJustice Services BranchMinistry of Attorney General
Len Kelsey, ChairBC Utilities Commission
Cheryl Vickers, ChairProperty Assessment Appeal Board;Surface Rights Board
New Tech-Tools: ODR
7,000 Days of WWW
Author =Aeranis
Once impossible
is now possible (and fast
and cheap!)
ODR Functions
Self-Help / Info / self-screening
Communication between parties
Direct negotiation
Mediation
Arbitration
For example...
Self-directed Intake Process
Pattern Recognition / Streaming
Requested Outcome
Open Text (respondent)
Negotiation & Discussion
Document Sharing
Document Collaboration
Business Process Monitoring
Who is using it (public side)?
ODR @ UN
Who’s Using it (private side)?
60 million disputes annually. 80% with software alone.
‘Big Players’
$315 million every day, at a rate of $3,650 in total pay volume every second. source
eBay / PayPal Modria
Internet Use 2007 2009
72.8% of Canadians in ‘07 80% in ‘09
78 % of BC residents in ‘07 85% in ‘09
96% of BC residents aged 16 to 24 in ‘07
Drops with income, education, advancing age
http://www.google.com/publicdata?ds=wb-wdi&met=it_net_user_p2&idim=country:CAN&dl=en&hl=en&q=statistics+canada+internet+usage
http://www.canada.com/theprovince/news/story.html?id=00d48f96-1f4c-4293-b667-c2138ff72a37
Smart – Scalable – Virtual Transformational
File Number: 34343i
Registry: Vancouver
Claimant: John SmithDefendant: Sam Elliot
This action has been started by the plaintiff(s) for the relief set out in Part 2 below.
Part 1: Statement of Facts:Relief Sought:1) The defendant knocked my fence over.
Part 2: Relief Sought:1) That the defendant pay $10000 to the claimant
Part 3: Legal Basis: 1) Peruvian Guano2) Negligence Act
This case is brought before the Supreme court of British Columbia.
Date: 21/05/10Signature
John Smith
public
tribunal
A new DR Paradigm?
http://about.me/darintSoMe streams
1. What is driving tribunal transformation?
MAG Justice Vision
money / revenue
demand for services
ACCESS
cost, delay, complexity
demographics
everyone’s retiring
technological and social
shifts
26
2. How does the government’s Transformation and Technology vision apply to tribunals?
T and T Strategic shifts:
citizen self help provide “navigation aids” on cost, delay, process options, and likely
outcomes transform front line services through expanded online self service tools
business innovation innovate case management strategies (including prevention and ADR) corporate approach to infrastructure sharing (including IT management)
citizen participation enable direct citizen engagement with tribunals and tribunal stakeholders open data to increase user engagement in decision-making processes
27
28
29
3. What service shifts are involvedin tribunal transformation?
How Technology Could Transform Traditional Tribunal Processes
October, 2011Len Kelsey, Chair & CEOBritish Columbia Utilities
Commission
British Columbia Utilities Commission
Electronic Filing Project
BCUC Who We Are and What We Do
Regulation of Energy Utilities Regulation of ICBC Basic Insurance Regulation of Gas Marketers Respond to Disputes Respond to Applications Respond to Complaints Initiate Inquiries Respond to Government Requests for Inquiries
BCUC Stats (last annual report)
Orders and Letters of Direction 424Disputes 4097Complaints 293Average Application Cycle Time 30+ days
7 days to 200 daysStaff 28Commissioners 1Ft 8PtCost of Regulation $6.5 Mil
$1.15 Per Cust
BCUC Objectives
....... 6. Make greater use of technology to further
Commission objectives and become more efficient and effective.
BCUC Reality and Resources
Technology is not a core competency Patchwork of systems Little interface Ratepayer funded Scarce financial resources Limited human capital Cannot stop the train
What is the Objective “Challenge” Further Commission Objectives More inclusive relationship with key stakeholders Expanding decision making scope Fair participation in Commission proceedings
Become More Efficient Move away from paper with its high labour,
storage and environmental cost Become more accessible Share information more openly and quickly
“Challenge” continued
Become more Effective Speed up our processes Build searchable knowledge banks as a
succession planning strategy Facilitate multi site work Information sharing, building, editing Accessibility
System Needs
Case Management System- Electronic Filing- Automated File Admin/Management/ Distribution
- File Sharing- Client Access/Monitoring
E Hearing Capabilities Reporting
System Needs
Shared and personal Commissioner files Scalability and flexibility Sensitivity to our budget reality Invented elsewhere OK Continuation of existing Web/Email and
general gov’t access and IT resources
Process
Needs identification Document current systems baseline Description of desired functionality Survey the landscape for comparables Bring Shared Services into the review Consider the alternatives
Alternatives
BC Securities Commission National Energy Board Ontario Energy Board Nova Scotia Utility and Review Board Cost range from a couple of million $ for a
custom solution to $100m for an adapted off the shelf solution based on the NS system
Learning - we can do it on a modest budget
Redi-Analysis System
Currently in use in energy and non energy Tribunals
Developed on File Maker Pro Tribunal Tool Kit Core Tool Kit contains Case Management-Document
Management-E Hearing/Filing Scalable Manageable development costs Accessible and easy to support
Down Side
Shared Services does not currently support File Maker
Alternatives Use something else that is supported Move totally away from SS for IT needs Hybrid SS for basics and Redi-Analysis to run the
business (NS model)
Future Plans
Held off to participate fully in the Transformation and Technology Project
Will now initiate the project Potential for others to participate Decision on operations / In house or third
party Project Management resource
Transformation Opportunities
4 themes for change:
1. web-based self help tools2. Remote ADR meetings and hearings3. Paperless tribunals Virtual tribunals4. Reduce source of conflict (policy role for
Chairs?)
Web-based self help toolsObjectives:
Reduce case load - weed out cases with no chance of success
Improve evidence (for greater resolution & better decisions)
Web-based self help tools:
1. Self evaluation (do I have a case?)
2. Self help guides or video tutorials integrate with on-line forms
3. Integrate database with on-line guides
Web Self help guides examples:
7. How do I start an appeal to the Board?
You must file your appeal in writing to the Board by the April 30th deadline. There are three ways you can file your appeal:
a. Electronically file through this website by clicking here.
b. Complete the Assessment Appeal Form and send it to the Board office via mail, courier, personal delivery or fax (within Greater Vancouver: 604-775-1742 or toll free fax: 1-888-775-1742).
c. Complete your own letter of appeal and send it to the Board office via mail, courier, personal delivery or fax. You MUST include: …………..
Integration with database:
18. How does the written submission method work?
If the Board orders that the parties submit their case via written submissions, no in-person hearing will be held. The Board will give you and BC Assessment deadlines for producing your submissions. You and BC Assessment will send two copies of your submissions to the Board and one copy to each other. You will both be given an opportunity to send in a reply submission to respond to any points or evidence supplied by the other party in their first submission.
Usually the deadlines for you and BC Assessment are the same (i.e. you must deliver the submissions …………..
12. What happens at an Appeal Management Conference?
As the first main step in the appeal process, the Board will schedule a telephone appeal management conferencewith you, a BC Assessment representative, and the Board’s appeal manager.
The two main purposes of the teleconference are:a) To attempt to resolve your appeal – many are settled
right during the teleconference;b) If your appeal is not resolved, set the next steps.
During the conference call, we will discuss…….
Remote ADR meetings & hearingsObjectives: Increase access to admin justice
(outside Vancouver & Victoria) Reduce costs from in-person meetings
Requirements:Must be compatible in smaller communities (lower band width) Simple video conferencing technologies? Is PC-based technologies suitable (e.g. skype)? BCUC e-hearing solutions?
Must be easy and cheap for both parties and tribunals
Paperless tribunals to Virtual tribunalsObjectives:
Increase efficiencies and reduced cost from traditional paper-based approach
Flexibility for remote case managers & adjudicators (work from home)
Possible approaches
1. Electronic case & document management system -a mandatory starting point
2. Can we eliminate hardcopy files, archiving & storage?
3. Can we reduce or eliminate “bricks and mortar”? No assigned offices - “hotelling”Work from home Possible pooled administrative staff (tribunal
clusters)
Reduce source of conflict Premise for change:Can we move beyond adjudication? Increase public understanding of the law of
government policies (i.e. reduce filing of cases)
address the source of conflict itself
Head off disputes by eliminating the conflict
Should the Chairs adopt a policy role?
Chairs can have unique understanding of discontent with policies
Traditionally, Chairs only adjudicate on the current state of the law
Can Chairs provide policy advice - assist government to identify where policies are source of conflict.
Rec’s for Small Tribunals1. Must band together - can’t do it alone
2. Adopt a common case management systemAs base for other web-based toolsCheap to establish and maintainShare development or adopt a canned package
3. Share systems management expertiseNo in-house senior capacity
4. Must secure $’s (most have no systems budgets)