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Measuring justice, Trevor Farrow

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Presentation by Trevor Farrow made at the OECD Global Policy Roundtable on Equal Access to Justice, 28 March 2019.

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Measuring justice, Trevor Farrow

  1. 1. Measuring Justice: What’s Next Trevor C.W. Farrow, Ph.D. Professor & Associate Dean, Osgoode Hall Law School Chair, Canadian Forum on Civil Justice OECD Roundtable Lisbon, Portugal 28 March 2019
  2. 2. Outline 1. Several current projects 2. What’s next 2
  3. 3. 1. Several current projects 3
  4. 4. Canadian Forum on Civil Justice Everyday Legal Problems & the Cost of Justice in Canada <http://cfcj-fcjc.org/a2jblog/everyday-legal-problems-and-the-cost-of-justice-in-canada-0> • First legal needs study in Canada since 2008 – Telephone survey of 3,051 adults (excludes territories; separate cell survey) – Asked if people experienced any problems from a list of 84 problem types (e.g. family, housing, employment, consumer problems, etc.) – Also asked people to report on costs – both monetary and intangible – incurred as a direct result of experiencing a problem • First Canadian study of its kind to measure multi-dimensional costs of unresolved legal problems 4
  5. 5. Studying Family Law DR Processes (2018)• Survey of 166 lawyers practicing family law • Four Canadian provinces: Alberta, British Columbia, Ontario, Nova Scotia • Four processes: Collaboration, Mediation, Arbitration, Litigation • Questions about benefits, limitations, costs, and suitability • SROI analysis
  6. 6. Community Based Justice Research Project (2018-2020) • South Africa, Sierra Leone, Kenya • Community based justice research sites • CFCJ coordinating partner • Supported by IDRC • Mapping, measuring, scaling research • Research driven by local partners
  7. 7. Costing the Justice Gap: Return on Investment for Justice Services Study (2019) • In support of Task Force efforts • CFCJ partnership • Review of “what’s out there” on ROI and SROI studies • Highlights • Next steps
  8. 8. Tracking Impacts of Legal Interventions (2019-2020) • First-step study • Identify partner clinic and methodology • Longitudinal study • Follow clients • Track, understand and measure interventions • No control group
  9. 9. 2. What’s next 9 2. What’s next 9
  10. 10. What’s next • Follow up direct and indirect costs studies - Legal and other costs - Health - Social and employment services, etc. - Housing - Legal capability, understanding, wellbeing • Longitudinal impact studies (control or not) • ROI/SROI studies, etc. • Measure process, outcomes, quality • Don’t forget justice
  11. 11. Thank you!
  12. 12. 3. Further discussion of several studies (for follow up discussion if necessary) 12
  13. 13. Canadian Forum on Civil Justice Everyday Legal Problems & the Cost of Justice in Canada <http://cfcj-fcjc.org/a2jblog/everyday-legal-problems-and-the-cost-of-justice-in-canada-0> • First legal needs study in Canada since 2008 – Telephone survey of 3,051 adults (excludes territories; separate cell survey) – Asked if people experienced any problems from a list of 84 problem types (e.g. family, housing, employment, consumer problems, etc.) – Also asked people to report on costs – both monetary and intangible – incurred as a direct result of experiencing a problem • First Canadian study of its kind to measure multi-dimensional costs of unresolved legal problems 13
  14. 14. Legal Problems of Everyday Life • Approximately 50% of adult Canadians will experience a legal problem over any given 3-year period • Approximately 11 million people (per 3-year period) • Essentially all of us over the course of a lifetime 14
  15. 15. Legal Problems of Everyday Life Within any given 3-year period, adult Canadians experience approximately 35,745,000 separate everyday legal problems 15
  16. 16. 7% 19% 28% 33% 75% 61% 0% 10% 20% 30% 40% 50% 60% 70% 80% Courts and Tribunals Legal Advice Non-legal Assistance Internet Other PartyFriends and Relatives How Do People Address Their Problems? 16
  17. 17. 55% 30% 15% 0% 10% 20% 30% 40% 50% 60% Resolved Not Resolved Mixed Results How Many People Resolve Their Problems? 17
  18. 18. What do we know about Costs in Canada? • Private Costs – most frequently reported (CFCJ 2016) - Lawyers fees - Transportation - Purchase of materials, court fees, other advisors and mediators - Telephone, child care, etc. • Average hourly lawyer fees (Semple 2015) - 10 years of experience: $325 - 5 years of experience: $264 - 1 year (or less) of experience: $204 • Time (CFCJ 2016) - Problems can remain unresolved over several years • 30% of problems had not been resolved - Seeking justice can consume hours of peoples’ lives • “Searching” costs (time finding information) • Filling out forms, documents, travelling time 18
  19. 19. Specific Costs • Canadians spend on average $6,100 to resolve their legal problem o Almost as much as Canadian households spend on average annually on food ($7,739) (2012) o Almost half as much as Canadians spend on average annually on shelter ($15,811) (2012) • Individual Canadians spend just over $7.7 billion annually to deal with everyday legal problems (and likely much more) • Inability to resolve problems can result in missed opportunities, income loss (e.g. vacation days, “non-paid” days), etc. 19
  20. 20. Justiciable Problems Trigger Health and Social Problems 51% (5.7 million people) report increased stress or emotional problems as a direct result of a legal problem 2.1% 8.4% 0% 2% 4% 6% 8% 10% Social Assistance Loss of Employment Percent of Respondents 54.5% 45.2% 0% 10% 20% 30% 40% 50% 60% Physical Health Emotional Health Percent of Respondents
  21. 21. Annual State-incurred Costs as a Consequence of Legal Problems … • Social Assistance: $248 million - 79,367 people annually • Employment Insurance: $450 million - 310,805 people annually • Health Care: $101 million - Based on extra annual health care visits resulting from legal problems • Housing - 2.7% (100,839) of Canadians lose housing every year - 3.6% of those (6,836 people) rely on emergency shelters … and all likely much higher 21
  22. 22. 2. Family Law: Comparative preferences and costs – A recent Canadian study 22
  23. 23. Small 2017 Canadian family law study • Survey of 166 lawyers practicing family law • Four Canadian provinces: Alberta, British Columbia, Ontario, Nova Scotia • Questions about benefits, limitations, costs, and suitability for resolving family law problems • Four processes: Collaboration, Mediation, Arbitration and Litigation
  24. 24. Comparing the 4 processes  Mediation and Collaboration are viewed as most useful for:  Low-conflict disputes  Hearing the voices and preferences of children  Issues arising after the resolution of a dispute  Disputes about the care of children and parents  Child support or spousal support  Division of property and debt  Litigation and Collaboration are useful for:  Hearing the evidence of financial experts and valuators  Litigation is viewed as most useful for high-conflict and urgent problems involving:  Risks to an adult or child  Risks to property  Allegations of family violence or abuse  Adult substance abuse  Mental disorder  Alienation  Almost all lawyers who use collaboration or mediation say that they prefer to use those processes whenever possible  Most lawyers agree that mediation, arbitration and collaboration are usually cost–effective  Most lawyers agreed that arbitration and litigation are suited for high-conflict disputes
  25. 25. COST What does it cost to resolve family law problems? Which processes are most cost-effective? COLLABORATION MEDIATION ARBITRATION LITIGATION AVERAGE COST TO RESOLVE HIGH CONFLICT DISPUTES AVERAGE COST TO RESOLVE LOW CONFLICT DISPUTES CONSENSUS THAT THE PROCESS IS “COST-EFFECTIVE” $31,140 $600.00 $10,600.00 $20,600.00 $30,600.00 $40,600.00 $50,600.00 $60,600.00 $70,600.00 $80,600.00 $90,600.00 $25,110 $5,000.00 $15,000.00 $25,000.00 $35,000.00 $45,000.00 $55,000.00 $65,000.00 $75,000.00 $85,000.00 $95,000.00 Agree Neither Disagree Agree Neither Disagree Agree Neither Disagree Agree Neither Disagree $40,107 $7,000.00 $17,000.00 $27,000.00 $37,000.00 $47,000.00 $57,000.00 $67,000.00 $77,000.00 $87,000.00 $97,000.00 $6,345 $630.00 $5,630.00 $10,630.00 $15,630.00 $20,630.00 $25,630.00 $6,269 $1,000.00 $6,000.00 $11,000.00 $16,000.00 $21,000.00 $26,000.00 $12,395 $2,000.00 $12,000.00 $22,000.00 $32,000.00 $42,000.00 $52,000.00 $62,000.00 $72,000.00 $12,328 $2,500.00 $7,500.00 $12,500.00 $17,500.00 $22,500.00 $27,500.00 $32,500.00 $37,500.00 $42,500.00 $47,500.00 $54,390 $2,000.00 $12,000.00 $22,000.00 $32,000.00 $42,000.00 $52,000.00 $62,000.00 $72,000.00
  26. 26. SOCIAL RETURN ON INVESTMENT (SROI) ANALYSIS • Compare investment made in resolving problems with impact and outcome • Factors used to estimate SROI: o Length of process o Perceived fairness of outcome o Satisfaction with outcome o Potential for future conflict o Cost to the family justice system (All recognizing the limits of SROI analyses)
  27. 27. Low Conflict Disputes For every $1.00 input to resolve a low conflict dispute, the SROI is: Input - Social Value Input - Social Value Input - Social Value Input - Social Value $16,092 $10,678 $23,843 $21,748 $33,142 $29,716 $13,609 $8,424 Collaboration SROI $1 : $2.06 Mediation SROI $1 : $2.78 Arbitration SROI $1 : $0.57 Litigation SROI $1 : $0.39
  28. 28. High Conflict Disputes For every $1.00 input to resolve a high conflict dispute, the SROI is: Input - Social Value Input - Social Value Input - Social Value Input - Social Value $34,933 $35,563 $23,843 $21,748 $39,092 $35,666 $13,609 $8,424 Collaboration SROI $1 : $1.12 Litigation SROI $1 : $0.04 Arbitration SROI $1 : $0.38 Mediation SROI $1 : $1.00
  29. 29. www.cfcj-fcjc.org Osgoode Hall Law School communications@cfcj-fcjc.org Thank You. Questions? 29

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