The Dutch Filter Model

 

The Dutch Chamber of Enforcement Agents (KBvG) has developed a model for civil procedures. According to the jury this model contributes to the innovation of justice and will provide substantial cost savings for the judiciary.

In October 2011 the Dutch Minister of Justice initiated a discussion on the future of conflict resolution. This initiative induced the Dutch Chamber to develop the filter model. According to the Dutch Chamber a distinction needs to be made, as early as possible, between those cases in which there actually is a conflict and cases that are undisputed.

The filter model underlines the central role of the enforcement agent as early as possible in a procedure. The enforcement agent communicates with the debtor whether the debtor intends to object the claim, and the method of objection. The advantage is that the enforcement agent is able to communicate with the court whether or not there will be a judgment in default, or a continuation of proceedings. This information is available in a very early stage and the result is that procedures can be dealt with much faster and more efficient. As an independent public servant, all preparatory work is done by the enforcement agent. The enforcement agent will deliver the case in apple-pie order to the judiciary.

The estimated savings for the judiciary will be Euro 47 million. The main reasons for the cutting in the expenses for the judiciary are:
-    The possibility to use alternative dispute resolution (e.g. mediation or arbitration). Courts will not be involved in those cases.
-    A number of cases can be dealt with electronically or in written. The enforcement agent is able to communicate the information received from the creditor and the debtor to the court. It is the enforcement agent who will distinguish the court relevant communication channel (oral, written, electronically) and distinguishes the field of law and the type of case.
-    Reduction of the number of cases to the court: in case the debtor, communicating with the enforcement agent already indicates that he will not object the case, such a case does not need to be prepared for a court session. In case the debtor intends to pay in instalments, such a case is monitored by the enforcement agent and the case will be postponed.

In her report the jury expressed its hope that the model will be integrated as soon as possible in Dutch legislation. A few days ago the Minister of Justice answered on the questions of members of the Dutch Parliament that the model has his attention and will be taken into consideration in the innovation of civil procedure law.