Department of Justice Canada
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DR PROGRAM EVALUATION


Slide 1: DR Program Evaluation

Presentation By Dispute Prevention and Resolution Services,
Department of Justice to the Philippine Delegation

September 22, 2003


Slide 2: Outline

  • Why Evaluate?
  • When to Evaluate?
  • What to Evaluate?
  • How to Evaluate?
  • Who should Evaluate?
  • Evaluation Checklist
  • Useful Evaluation Documents and A Few Evaluation Examples

Slide 3: Why Evaluate?

  • Evaluation is “an internal effort to define and improve operations over time while providing descriptive information to the field” (Janis Roehl)
  • Way to determine whether a DR program is meeting its goals and objectives
  • Allows program administrators to establish what works, what does not work, and to discontinue, modify or expand a DR program
  • Reveals the strengths and weaknesses of the DR program
  • Promotes consistent and proactive approach to continued DR program improvement
  • Identifies administrative needs (e.g. staffing requirements, bottlenecks in the process, etc.)

Slide 4: When to Evaluate?

  • Important that evaluation planning begin BEFORE the DR program is implemented (e.g. Develop an evaluation framework)
  • Evaluation can be undertaken at different times during the life of a DR program
  • Factors to consider include:
    • Whether the program has been in operation long enough to ensure that there are sufficient cases to examine
    • Whether the program has gotten the early bugs out
    • If pilot, whether the evaluation will be completed early enough to be a factor in the decision to continue/expand the program
    • Whether there are other deadlines relating to future decision-making which will affect the usefulness of the evaluation results
  • Formative (pilot stage) and summative evaluations (when DR program at mature point)

Slide 5:  What to Evaluate?

2 main types of DR evaluations:

  • 1) Program Effectiveness Evaluations (impact/outcome/summative)
    • focus on whether DR program meeting its goals and/or having the desired impact
  • 2) Program Design and Administration Evaluations (process/formative)
    • focus on how a DR program can be improved
    • Comprehensive evaluations should measure tangible and intangible benefits using both quantitative and qualitative data

Slide 6: What to Evaluate?

DR Program Managers typically seek to evaluate some/all of the following measures of “success” *:

  • Cost savings to both the organization and the parties
  • Time savings to both the organization and the parties
  • Participation rates of the parties in the DR process
  • Participant satisfaction with the fairness of the DR process
  • Settlement rates
  • Quality of settlements (durability, creativity, improvements to ongoing relationships)

(*See: Performance Indicators for ADR Program Evaluation included in materials)


Slide 7: What to Evaluate?

  • To evaluate the success of a given program, evaluators must structure their observations, measurements and reports to highlight a few characteristics/variables which are particularly significant
  • E.g. DR Fund sought to evaluate 4 results:
    • 1) Reduction in costs and time spent in managing disputes
    • 2) Increased party satisfaction with resolution outcomes
    • 3) Funded organizations would foster further internal DR developments
    • 4) Funded projects would serve as catalysts and/or models for other organizations

Slide 8: How to Evaluate?

Basic Steps in the Evaluation Process:

  • 1) Identify Participants (i.e. who uses the system – e.g. clients, lawyers, neutral service providers, internal staff, etc.)
  • 2) Identify Program Goals: (e.g. reduce costs, reduce delay, maintain/improve disputant satisfaction, preserve the equity of outcomes, promote a less contentious environment, etc.) - must be absolutely clear about what program is trying to accomplish in implementing a particular DR process

Slide 9:

  • 3) Identify Performance Measures/Indicators Appropriate to Measure Desired Outcomes:
    • e.g. if desired outcome is cost reduction -> whose costs? (agency’s/parties/both), what costs? (legal fees, administrative costs, etc.)
  • 4) Collect the Right Type of Data For the Measures Identified:
    • quantitative (file records, surveys, etc.) and/or qualitative data collection methods (interviews, focus groups, observations, participant surveys, etc.)

Slide 10:

  • 5) Choose an Appropriate Study Design:
    most effective is the true control group study:  
    • i) ensure that the population in the DR program is like that in the control group (or status quo) 
    • ii) hold all else constant 
    • iii) random assignment of cases to DR stream/traditional process 
    • iv) both processes operating contemporaneously  
  • 6) Collect and Analyze the Data
  • 7) Discuss Findings (oral/written/both)
  • 8) Make Necessary Changes to the DR Program

Slide 11: Who Should Evaluate?

  • Key factors for effective evaluation:
    • Objectivity (i.e. no stake in the outcome), experience in conducting program evaluations, sufficient technical expertise in terms of data collection and analysis
  • Internal v. external evaluators:
    • External:
      • Pros – credibility, objectivity, impartiality, specialized evaluation skills
      • Con – expensive
    • Internal:
      • Pros – specialized knowledge of organization, more cost effective
      • Con – potential perceptions of lack of impartiality

May wish to have “advisory committee” of key stakeholders to assist in evaluation design, implementation and reporting


Slide 12: Evaluation Checklist

  • Is your DR program ongoing or in the formative stage?
  • What are your goals and objectives for your DR program evaluation?
  • How will you pay for your DR program evaluation?
  • Who will do the evaluation?
  • Who is your audience?
  • What is your evaluation design strategy?
  • What are your measures of success?
  • What do you need to know about your program effectiveness (impact)?
  • What do you need to know about your program structure and administration?
  • How and when will you disseminate your evaluation results?

(Source: Federal ADR Program Manager’s Resource Manual)


Slide 13: Useful Evaluation Documents and A Few Evaluation Examples

  • A Checklist for Evaluating Federal ADR Programs: Long Form
  • Performance Indicators for ADR Program Evaluation
  • Evaluating Agency Alternative Dispute Resolution Programs: A User’s Guide to Data Collection and Use
  • Federal ADR Program Manager’s Resource Manual, Chapter 8, Evaluating ADR Programs
  • Assessing Efficiency, Effectiveness and Quality: An Evaluation of the ADR Program of the Immigration Appeal Division of the Immigration and Refugee Board
  • An Evaluation of the Notice to Mediate Regulation under the Insurance (Motor Vehicle) Act
  • Evaluation of the Family Justice Registry (Rule 5) Pilot Project: Final Report
  • Evaluation of the Ontario Mandatory Mediation Program (Rule 24.1): Executive Summary and Recommendations
  • Mandatory Parenting after Separation Pilot: Final Evaluation Report