Blog
28 Oct 2018
During numerous meetings with entrepreneurs, when we present them with our solution model asking for feedback, we are met with enthusiasm. A court online? It makes sense! There was a time when banking, official, insurance matters, or shopping had to be done in town, and now everything is online. Why should it be any different with courts? Skepticism only arises when our interlocutors hear that in Ultima Ratio, judgments will be issued no later than 21 days from the date of filing the lawsuit. How do you intend to achieve this? – they ask. Here's what we most often respond.
In Ultima Ratio, the entire proceeding takes place through an electronic system. Therefore, the case doesn't sit for months on a shelf waiting for a free slot when a judge could conduct a hearing or at least issue a payment order. Presenting a procedural position takes a fraction of a second. There is no need to establish addresses or send registered letters. If there is any missing element – such as power of attorney – you just need to take a photo of the correct document directly from the Ultima Ratio mobile app. The correct document immediately reaches the profile of the given case. As a result, the arbitrator can begin considering the case without delay. After an initial review of the parties' positions, they may request additional clarifications or evidence, consider it, and the case is ready for resolution!
Moreover, the Ultima Ratio electronic system possesses a series of creators that greatly ease users' work. Thanks to them, it's possible to present procedural positions, call for evidence, and issue rulings in a very convenient way. Users focus solely on substantive issues. The system automatically suggests all dates, numbers, reference numbers, and parties' identification data, so there is no need to tediously rewrite them. The ease of using the system is comparable to the simplicity of using social media platforms.
Thanks to a dedicated, open chat for each case, the process participants remain in constant contact with each other. Through it, the parties can – also in real-time – discuss, make motions, answer questions or doubts of the arbitrator, inquire about the case status, conduct negotiation settlements, or agree on the timing of any potential teleconference.
Furthermore, in Ultima Ratio, the defendant, when submitting a response to the suit, also pays the arbitration fee. This is a fair solution. If they win the case, the claimant will reimburse all process costs and representation costs. Nevertheless, this arrangement limits the common practice in common courts of filing a response to the suit solely for delay and ensures that only those defendants who have a genuine legal need to defend their interests engage in disputes.
Finally, we have developed a special system for selecting arbitrators to handle a given case. It assumes that if an arbitrator, for some reason, cannot immediately deal with the case due to a planned leave or illness, they will not accept it, and the system will repeat the selection. Arbitrators are also directly encouraged to efficiently resolve cases. Our arbitrator selection algorithm anticipates that those arbitrators who resolve cases more quickly will have a greater chance of being selected for cases with higher dispute values.
After discussing the above features of Ultima Ratio, it seems obvious that a 21-day timeframe for resolving a case is, as a rule, a completely realistic deadline. Why should cases take longer? The solutions we use to streamline the process are already known and applied in other industries. It's time for this inevitable evolution to reach the judiciary as well.