Plain Language Tools as a First Step in Dispute Resolution

In his recent post “A Relationship Model of Dispute Resolution”, Jordan Furlong proposes a relationship model of dispute resolution:

The choice of dispute resolution environment should take into account the nature of the relationship that is the subject of the dispute. The more important or valued or future-looking the relationship, the farther away from trials and courtrooms it should be kept.

I wholeheartedly agree. There is value in considering ‘alterative dispute resolution’ processes outside of the courtroom when relationships are at stake. As he notes, “…trials, when they do occur, inevitably damage or destroy any relationship that existed between the litigants beforehand.” Leveraging mediation or other dispute resolution options can preserve relationships and help address trial backlogs. But before a more formal dispute resolution process, plain language legal information and accompanying tools can empower those embroiled in a dispute by providing the language needed for resolution.

In the spring of 2023, the Financial and Consumer Affairs Authority of Saskatchewan (FCAA) launched a new legal guided pathway and online dispute resolution platform to resolve consumer disputes. I had the privilege of working with the team to develop the legal guided pathway portion of the project called Consumer Rights. It includes twelve dispute areas ranging from auctions to vehicle dealers.

As I noted in my post, “Bringing Online Consumer Dispute information and Resolution to Saskatchewan”, the legal guided pathway portion of the project was initially envisioned as a means to provide information to help users determine if there is a valid dispute. It was not considered part of the dispute resolution process other than to help consumers determine if they should proceed. However, throughout the knowledge engineering sessions with the FCAA subject matter expert, I heard how the FCAA team would provide information to consumers about their dispute and initially encourage them to try to resolve the issue with the business before submitting a more formal complaint. Often consumers were able to use the provided information to resolve the issue with the business without further involvement of the FCAA.

I saw this as an opportunity for the legal guided pathway to become the first step to resolving a dispute rather than just triaging disputes. As a result, many dispute pathways end with the recommendation that consumers first attempt to resolve with the business before filing a dispute with the FCAA. Self-help tools in the form of template communications are provided to facilitate the conversation with the business and empower the consumer.

For example, if a consumer’s issue is that a business will not accept a gift card because it has expired, the legal guided pathway provides clear information that the card can’t expire if purchased after November 10, 2008. If the business won’t honour the card because it has an expiry date and the card was purchased after November 10, 2008, it is suggested that the consumer contact the business and provide this information. As the legal guided pathway notes:

The business may be unaware of their obligations or there may be a misunderstanding. By contacting the business, your issue may be quickly resolved without the need for a more formal dispute process. A communications template or script is also provided.

The communication template reiterates the information provided and includes how the consumer would like to resolve the dispute. That is, it asks the business to honour the balance of the card or issue a new card without an expiry date. It takes the extra step of not only explaining the consumer’s rights, but providing that information in a script to ease the consumer’s anxiety and clearly articulate how to quickly resolve the issue.

In the regulatory example provided, avoiding a more formal complaints process can preserve the relationship between a consumer and business. The explanation of rights and obligations in a plain language and helpful format such as a legal guided pathway assists in clarifying any misunderstandings. The addition of templates to facilitate a conversation to resolve the dispute before it enters any formal complaints process or dispute resolution mechanism is key to preserving the relationship. There may be more opportunities to employ legal guided pathways and communication templates in other spheres and I hope to explore further in future projects.