Alaska’s court system will allow self-represented small claims and debt collection cases to be resolved online, in an effort to ease the stress and inconvenience of the judicial process and increase access to justice.
The court started with small claims because they are usually straightforward cases, said Rebecca Cain, the manager for the project, called Online Dispute Resolution.
“They’re often the kind of cases where people kind of mutually have a wish to resolve things and move on,” she said. “After we learn more and the public learns more about how it works, we’ll look at expanding it to other case types.”
The pilot project will help litigants resolve their disputes without meeting in a court case or trial in front of a judge. Instead the program allows people to reach an agreement at their own pace, through mediation and negotiation. If participants want a court order, it can be fast-tracked to judges for review for a $25 fee, which is less than the typical court filing fees that run from $50-$150.
Cain said the court learned from feedback during the pandemic that this would be useful to Alaskans who were averse to appearing in court or would have to travel to do so. Use of the program is not obligatory however, and Alaskans have the option to use the online tool or not. “We know it will appeal to some people in some cases, but it won’t appeal for everybody,” she said. “It’s an ‘and’ rather than an ‘or.’”
A number of courts across the nation have employed online dispute resolution, and in some states it is mandatory for certain types of cases. Cain said other states have used it for traffic disputes, for example.
Anyone with a computer and internet access can participate in the program. The online system can be accessed at any time. “It’s asynchronous,” she said. “So if you’re a night owl, or you have insomnia, and you want to work on your dispute… We’re excited to see where it goes.”
The new system could potentially lessen the burden on courts if judges are required to hear fewer cases, Cain said, but so far no one has used it. The system has been online since before the new year. If it is successful, she said the court may expand the program to other types of cases.