International Journal of Online Dispute Resolution

Article

The Online Civil Money Claim

Litigation, ADR and ODR in One Single Dispute Resolution Process

Keywords ADR, pre-action protocols, civil procedure, online dispute resolution, mediation, civil justice, online civil money claim, online services
Authors Md Mahar Abbasy
Author's information

378335 Md Mahar Abbasy
PhD Candidate at the University of Leicester.
  • Abstract

      This article considers the recent reforms in English Civil Justice System, especially the new Online Civil Money Claim (OCMC). To make the UK courts easily accessible and affordable, Lord Justice Briggs in his Civil Courts Structure Review recommended for the introduction of an Online Solutions Court. This is a revolutionary step because it embeds alternative dispute resolution (ADR), in particular mediation, into the court system. This is very important because mediation emerged as an alternative to courts but has become an integral part of it. This study critically examines how mediation is being embedded into the English Civil Justice System and argues for a balanced relationship between litigation and mediation because they complement each other. This article is divided into four sections (a) Section 2 will discuss how the Online Court will impact the open justice; (b) Section 3 will provide an overview of the three stages of OCMC; (c) Section 4 will carry out a critical analysis of the OCMC; and (d) Section 5 will seek to put forward solutions and recommendations in light of the findings.

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