Goals, Objectives, Strategies and Measures — Continued

Goal 4: The justice system is available, understandable and workable for individuals involved in civil, family and criminal cases.

Outcome:

A justice system in which litigants have access to innovative dispute resolution systems and to services and processes that assist them in reaching fair, workable and enduring resolutions to justice-related disputes

The ministry, through its Justice Services Branch, delivers a broad range of services related to many different types of disputes and dispute resolution systems. There is no single key measure that is capable of fully representing the extent to which the ministry is achieving its overall goal for this business area. However, there are a number of different measures that can indicate separate aspects of performance success, and several of these are included under other objectives below. When viewed as an integrated set, these measures offer a more complete representation of performance.

One indicator of success is the extent to which alternatives to litigation are used to resolve disputes. The key measure above focuses on mediation as an important process in the resolution of disputes outside the court. While reporting on the number of mediations conducted does not fully demonstrate goal achievement, it does reflect progress made toward the goal. It also is a partial performance indicator for the Family Justice Services Division and the Dispute Resolution Office.

Many studies from B.C. and around the world demonstrate the effectiveness of mediation as a user-friendly and cost-effective method of achieving quality outcomes to disputes. When the number of mediations conducted in the province increases, it is an indication that justice system users have access to innovative dispute resolution systems that produce fair, workable and enduring resolutions to their disputes.

The ministry does not have total control over achievement of the goal or of the targets that will be set out for the key measure. While the ministry provides some direct mediation service (through the Family Justice Services Division) and has implemented some mandatory processes (e.g., Small Claims, Family Court Rule 5), many mediation processes are voluntary and outside ministry control.

However, the ministry is continuing to promote mediation by providing information and support for training and education. In pursuit of its goal, the ministry's Justice Service Branch is acknowledged as a leader and facilitator in the movement toward the increased use of mediation in many sectors.

There are challenges in developing the key measure for Goal 4. While the ministry currently measures the number of mediations in specific programs, these measures do not capture the number of mediations conducted on a voluntary basis in the court system. In addition, the Family Justice Services Division delivers a broad range of dispute resolution services, including mediation, and careful consideration will have to be given as to how and if those can be included in the measure. The ministry is considering a study that will, as a starting point, take a snapshot of the number of mediations conducted across the civil and family justice system. A longer term goal may be to build systems capable for tracking the number of mediations on an ongoing basis. Whether or not that is feasible will depend, to some extent, on the cost of developing and maintaining such a tool as weighed against its benefits.

Core Business Area:

Justice Services

Objective 1:

Increased proportion of disputes resolved through out-of-court alternatives

One aspect of the goal for this business area is to ensure justice system users have access to innovative dispute resolution systems. These are often, but not always, alternatives to litigation (i.e., some innovative processes exist within the court). Out-of-court dispute resolution options can provide less costly, more expedient and less complex alternatives for a wide variety of cases, thereby contributing to a more available and workable justice system.

While innovative dispute resolution systems include mediation, which is the focus of the key measure, the term also encompasses other processes and programs. For example, the Family Maintenance Enforcement Program has had the effect of diverting a large number of enforcement proceedings from the court, providing its users with an alternative to litigation.

The measures for Objective 1 differ from the key measure in that they focus on the process outcomes, not just their availability. The measures presented below are selective; i.e., they do not reflect all of the programs and services provided or supported by the Justice Services Branch. The branch is working to improve its capacity for measuring outcomes.

The branch has some control over these two measures to the extent that the quality of the service should promote better outcomes. Failure to meet targets would indicate a need to examine and alter the design or delivery of the program.

Strategies:

1. Expand the number of communities served by the Family Justice Services Division's Supervised Access and Access Exchange Program.

2. Provide the Family Justice Registry (Rule 5) and Comprehensive Child Support Services programs in certain locations across the province.

3. Implement the Comprehensive Child Support Services Program in two additional sites.

4. Work with the Ministry for Children and Family Development and the Legal Services Society to expand the use of child protection mediation across the province.

5. Support treaty tables in the development of dispute resolution provisions for future treaties.

Objective 2:

High satisfaction with out-of-court dispute resolution options

User satisfaction is both an objective and a measure of success for a justice system that is available, understandable and workable. To gain a greater acceptance and use of innovative dispute resolution — both inside and outside of the court system — it is preferable that processes themselves be favourably perceived by the clients who have used them.

As with the outcome measures for Objective 1, the branch has some control over satisfaction rates to the extent that it controls the quality of the program through its design and delivery. As above, failure to meet targets would indicate a need to examine and likely make changes to the program.

The following measures are not wholly representative of the full range of services and programs offered and supported by the Justice Services Branch. In some cases, satisfaction rates are captured as part of an evaluation conducted on a pilot (e.g., Surrey Court Project Child Protection Mediation) or administered at a given point in the lifespan of a program, but are not collected on an ongoing basis. Several other programs offered by this core business area presently have no systems in place to capture satisfaction levels.

Strategies:

1. Canvass clients in the Family Maintenance Enforcement Program to determine their needs. Respond with program shifts where possible, with a focus on increased client self-service opportunities.

2. Implement and monitor curriculum enhancements to the Parenting After Separation Program.

3. Conduct longitudinal research on the need characteristics (demographics, case, services) of Family Justice Services Dispute Resolution clients, the type of services provided, the utility of services, and whether dispute resolution services lead to improved parent and child outcomes.

4. Provide ongoing support to the B.C. Mediator Roster Society and Child Protection Roster, including orientation and training opportunities to maintain and improve quality of mediators.