The Hawaii State Judiciary’s Third Circuit Court on Hawaii Island launched its new Online Dispute Resolution Pilot Project on Thursday, requiring certain small-claims cases to use the online application TurboCourt to file, negotiate and attempt to resolve cases before court-ordered mediation.

What You Need To Know

  • Similar programs on Oahu and Maui have resulted in 645 small-claims filings. According to the Judiciary, many users were able to use free online negotiation and mediation tools to resolve their cases online without having to appear in court

  • Parties who do not have access to the internet will have to request an exemption from a judge

  • In the first year of the pilot, the program was open only to a single self-represented litigant involved in a dispute with another self-represented litigant

  • The Fifth Circuit (Kauai) is slated to launch ODR in January 2023

Parties who do not have access to the internet will have to request an exemption from a judge.

The First and Second Circuit Courts on Oahu and Maui, respectively, have already launched similar pilot programs. Collectively, the programs have resulted in 645 small-claims filings. According to the Judiciary, many users were able to use free online negotiation and mediation tools to resolve their cases online without having to appear in court.

In a statement released on Wednesday, the Judiciary noted that “parties were able to and continue to use the ODR Pilot Program to complete and file their small claims court forms online using TurboCourt, which guides them through the process. This allows parties to file their cases at their convenience, without having to take time off work, find care for a family member, and incur the cost of gas and parking, or the time and expense for public transportation.”

In the first year of the pilot, the program was open only to a single self-represented litigant involved in a dispute with another self-represented litigant.

The programs have since expanded to allow multiple parties disputing another party; extension of the negotiation period from two days to seven days; return to traditional in-person or virtual mediation via each circuit’s mediation center; and additional guided interviews for court forms and resources online.

“We have found that (self-represented litigants) like the convenience of filing online, with 56% doing so during non-business hours, on weekends, and even holidays,” said Angela Min, Judiciary chief innovations officer. “As we enter the second year, we have examined our early data and seen what has been utilized the most efficiently and effectively, and responded to improve the user experience.”

The Fifth Circuit (Kauai) is slated to launch ODR in January 2023.

Michael Tsai covers local and state politics for Spectrum News Hawaii.