Transforming Administrative Tribunals with Technology

Transcription

1 Transforming Administrative Tribunals with Technology BCCAT Conference October 3, 2011 Darin Thompson, Director Court Reform Ministry of Attorney General David Merner, Executive Director Justice Services Branch Ministry of Attorney General Len Kelsey, Chair BC Utilities Commission Cheryl Vickers, Chair Property Assessment Appeal Board; Surface Rights Board

2 New Tech-Tools: ODR 7,000 Days of WWW Author =Aeranis

3 Once impossible is now possible (and fast and cheap!) ODR Functions Self-Help / Info / self-screening Communication between parties Direct negotiation Mediation Arbitration

4 For example... Self-directed Intake Process

5 Pattern Recognition / Streaming Requested Outcome

6 Open Text (respondent) Negotiation & Discussion

7

8 Document Sharing Document Collaboration

9 Business Process Monitoring Who is using it (public side)?

10 UN Who s Using it (private side)? 60 million disputes annually. 80% with software alone.

11 Big Players $315 million every day, at a rate of $3,650 in total pay volume every second. source ebay / PayPal Modria

12 File Number: 34343i Registry: Vancouver Claimant: John Smith Defendant: 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 Guano 2) Negligence Act This case is brought before the Supreme court of British Columbia. Date: 21/05/10 Signature John Smith Internet Use % of Canadians in 07 80% in % of BC residents in 07 85% in 09 96% of BC residents aged 16 to 24 in 07 Drops with income, education, advancing age Smart Scalable Virtual Transformational tribunal public A new DR Paradigm?

13 work SoMe streams 1. What is driving tribunal transformation? demand for services ACCESS cost, delay, complexity demographics everyone s retiring money / revenue MAG Justice Vision technological and social shifts 26

14 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

15 3. What service shifts are involved in tribunal transformation? 29 How Technology Could Transform Traditional Tribunal Processes October, 2011 Len Kelsey, Chair & CEO British Columbia Utilities Commission

16 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

17 BCUC Stats (last annual report) Orders and Letters of Direction 424 Disputes 4097 Complaints 293 Average Application Cycle Time 30+ days 7 days to 200 days Staff 28 Commissioners Cost of Regulation 1Ft 8Pt $6.5 Mil $1.15 Per Cust BCUC Objectives Make greater use of technology to further Commission objectives and become more efficient and effective.

18 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

19 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

20 System Needs Shared and personal Commissioner files Scalability and flexibility Sensitivity to our budget reality Invented elsewhere OK Continuation of existing Web/ 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

21 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

22 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

23 Transformation Opportunities 4 themes for change: 1. web-based self help tools 2. Remote ADR meetings and hearings 3. Paperless tribunals Virtual tribunals 4. Reduce source of conflict (policy role for Chairs?) Web-based self help tools Objectives: Reduce case load - weed out cases with no chance of success Improve evidence (for greater resolution & better decisions)

24 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:

25 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: or toll free fax: ). 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:

26 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..

27 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 conference with 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 & hearings Objectives: 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

28 Paperless tribunals to Virtual tribunals Objectives: 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)

29 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.

30 Rec s for Small Tribunals 1. Must band together - can t do it alone 2. Adopt a common case management system As base for other web-based tools Cheap to establish and maintain Share development or adopt a canned package 3. Share systems management expertise No in-house senior capacity 4. Must secure $ s (most have no systems budgets)