Service metrics
This section focuses on service volume and service outcome metrics, as well as data collection, reporting and the potential for conducting further research on Canada’s out-of-court dispute resolution services.
Service volumes
The out-of-court dispute resolution services researched vary significantly in their service volumes. They also vary on how volumes are tracked with some capturing the number of individuals participating in dispute resolution, others capturing the number of families or couples involved, and others tracking the number of dispute resolution sessions, legal aid certificates or files. Other subtle differences exist, such as tracking files that were assigned to a mediator versus files where at least one joint session occurred. These definition differences aside:Footnote 14
- Four programs had volumes less than 100 individuals, families, sessions or files per year.
- Four programs had volumes between 100 and 600 individuals, families, sessions or files per year.
- Two programs had volumes between 600 and 1,000 individuals, families, sessions of files per year.
- Three programs had volumes between 1,000 and 5,000 individuals, families, sessions or files per year.
- Two programs reported volumes of over 15,000Footnote 15 individuals, families, sessions or files per year.
Other data collection
Beyond service volume data, three programs collect additional information about clients themselves (e.g., names, date of birth, contact information, child information, location, legal representation), three collect information regarding services provided (e.g., dispute resolution activities, hours of service, location of service, issues addressed, reasons that dispute resolution was not provided), and most captured some service outcome information (see below). Seven collected court related data such as the number of court applications filed or referred to the program, court stage when mediation was completed, or numbers proceeding to court. Seven administer client feedback surveys.
Most programs record information in a case or client management system; however, four programs use a spreadsheet, and one compiles information into a document.
Service outcomes
Most programs define success in terms of the issues resolved through dispute resolution:
- Most programs record the numbers of cases resolved (all issues resolved), partially resolved (some issues resolved, some not resolved) or not resolved (no issues resolved), with some variation in terminology (e.g., “settled” versus “resolved” versus “agreement”Footnote 16).
- Four programs track other outcome categories in addition to degrees of resolution, such as “reached agreement within allocated number of sessions” or “reached agreement with additional hours,” number of files “closed at intake,” “unable to provide dispute resolution,” “draft MOU,” or “unknown.”
- Three programs simply capture a single outcome such as “cases that resulted in a consent order” or an outcome that does not reflect issue resolution at all, such as cases that were either “closed” or “withdrawn.”
- One legal aid program records the number of matters resolved by mediation versus those resolved at trial. Another legal aid program records the resolution of each individual issue within each case, but for the case as a whole, only records whether the case is “completed” or “not completed.”
Reporting
Nearly all programs report service data internally and/or to key internal stakeholders. Some information may appear in Ministry estimates, or in Ministry or Legal Aid annual reports, but otherwise data is not generally made public.
Potential sharing of anonymized data
Those interviewed were asked whether their program would be willing to share anonymized data with Justice Canada for research purposes. There was a general willingness to participate or to consider participation:
- Three programs indicated willingness to share program data, and most said that they would be potentially willing to share data, subject to a specific research request, a review of the privacy implications, and/or an approval process.
- Two programs said that only summary level statistics could be provided.
- Three programs indicated that there are data limitations or capacity issues that could limit their participation.
- Two jurisdictions noted that some data is already provided to Justice Canada under the terms of their Canadian Family Justice Fund agreement.
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