Page 50 - Solving Housing Disputes

Evaluative Description
measures
Timeliness Evaluation should capture time taken from initiating to
resolution of the claim through the pilot, including for dispute
type. Data from the pilot should be measured against pre-
existing processes within the pilot’s geographic area or a
control. Comparative measures could be drawn against
historic completion times for disputes brought from the
pilot’s geographic areas to County Court, First-tier Tribunal
and other redress schemes.
Procedural justice Information on:
outcomes • claimant or defendant engagement with the process
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and other sources of legal help and advice;
• nature and volume of the evidence produced;
• opportunities for parties to engage effectively and
meaningfully in the process;
• whether the HDS is perceived as neutral;
• the degree to which people trust the HDS;
• understanding the instruction, method and
implications of the process; and
• whether people are treated with dignity and respect
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through the process.
Substantive Substantive outcomes achieved through the HDS should be
outcomes measured against controls. For example, we would expect
that the problem-solving approach would achieve a high

117 The US Centre for Court Innovation ‘Measuring Perceptions of Fairness: An Evaluation Toolkit’ was
collaboratively produced between the Center the, National Judicial College, and the U.S. Department of
Justice’s Bureau of Justice Assistance. The toolkit contains three evaluative instruments, Self-
Assessment of Court practices, Courtroom Observation Instrument and Defendant Exit Interview
designed to assess procedural justice and fairness within judicial processes. The toolkit assesses against
measures which capture whether a process is “Ensuring Understanding”, “Providing Voice” and
“Demonstrating Respect” for users and would be a useful toolkit to assess procedural fairness and justice
in the HDS.

118 Byrom, ‘Developing the detail: Evaluating the Impact of Court Reform in England and Wales on
Access to Justice, (Legal Education Foundation, 2019) p. 19 available at https://research.thelegaleducat
ionfoundation.org/wp-content/uploads/2019/02/Developing-the-Detail-Evaluating-the-Impact-of-
Court-Reform-in-England-and-Wales-on-Access-to-Justice-FINAL.pdf

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