If We’re Such a Successful Anti-Poverty

Program, Why Aren’t More People

Engaging with Us?

Procedural Justice Kate Wurmfeld, Esq., Center for Court Innovation

The Behavioral Insights Approach Nadine Dechausay, J.D., M.A. MDRC’s Center for Applied Behavioral Science (CABS)

Marketing Jael Maack, Xerox Public Sector

Moderator: David Ramm

Procedural Justice Kate Wurmfeld

Consider a Time When:

- You had to wait in a long line

- Someone in a position of authority failed to explain something important to you

WARM-UP EXERCISE

How Do You Wish You Had Been Treated?

- Respectfully (with eye contact, addressed by name)

- Given an explanation

WARM-UP EXERCISE

As Professionals, What Do We Want?

What Do The People The Child Support

System Serves Want?

WHAT DO CUSTOMERS WANT?

• Procedural Justice: Perceived fairness of court procedures and interpersonal treatment while a case is processed.

In Contrast:

• Distributive Justice: Perceived fairness of the final outcome (“win” or “lose”)

WHAT IS PROCEDURAL JUSTICE?

o Most People Like To Win!

Outcomes matter.

o Procedural Justice Theory Assumes That:

• People know they can’t always win.

• People will be more likely to accept losing

if they perceive as fair the procedures and

interpersonal treatment they received.

Source: Tyler (2012).

PROCEDURES V. OUTCOMES

Decision Acceptance

Procedural justice is the primary factor in litigants’ willingness to accept decisions – regardless of why the litigant came to court.

RESEARCH

Tom Tyler, Yale Law School

In Other Words: Winning Isn’t Everything!

People Are More Likely To Accept Decisions When They:

Believe they were treated with dignity and respect

Understand the process

Had a chance to be heard (voice)

Believe the decision-making process is neutral and unbiased (neutrality)

WHY DO PEOPLE OBEY COURT ORDERS?

This Is The Definition of Procedural Justice.

o Voice: • You felt you had the opportunity to express your views in the court.

• People in the court spoke up on your behalf.

o Respect: • You felt you weren’t pushed around in the court case by people with more power than

you.

• You feel that you were treated with respect in the court.

ELEMENTS OF PROCEDURAL JUSTICE

o Neutrality: • All sides had a fair chance to bring out the facts in court.

• You were disadvantaged in the process because of your age, income, sex, race, or some other reason

o Understanding:

• You understood what was going on in the process.

• You understood your rights during the processing of the case. Rossman et al. (2011).

ELEMENTS OF PROCEDURAL JUSTICE

o Helpfulness!

ELEMENTS OF PROCEDURAL JUSTICE

NON-EXAMPLES OF

PROCEDURAL JUSTICE

EXAMPLES OF PROCEDURAL JUSTICE

EXAMPLES OF PROCEDURAL JUSTICE

COURTROOM RULES

Please help us keep the courtroom quiet.

No talking while court is in session.

Please turn off all cell phones when in the courtroom.

Phones may be used in the hallway.

Please remove all hats and headwear.

Please do not eat or drink in the courtroom.

Eating is allowed in the hallway.

There is a water fountain in the middle of the hallway.

Thank you for your

cooperation.

Welcome to Judge Smith’s Courtroom

(Branch #3)

Please sign in with the court officer when you arrive.

If you have a lawyer, your case will not be called until your lawyer arrives.

If you have a question about court procedures, please ask a court officer in between cases.

Si necesita un traductor, por favor diga su nombre y la palabra “Spanish” al agente del corte.

Restrooms are available on this floor.

Handicap accessible restrooms are located on the __ floor.

EXAMPLES OF PROCEDURAL JUSTICE

EXAMPLE: HIRING PROCESS

1. Fair treatment matters more than outcome (win/lose)

2. 4 Key Elements

3. Fair treatment improves compliance

RECAP AND MEASURING IMPACT

Resources

• Center For Court Innovation

www.courtinnovation.org/proceduraljustice * Join our email list!

• Professor Tom Tyler, Yale Law School

www.law.yale.edu/faculty/TTyler.htm

Thank You!

The Behavioral Insights Approach Nadine Dechausay

• Must prioritize the user’s perspective to understand and improve program outcomes

CENTRAL TENET OF THE BEHAVIORAL APPROACH

TWO MODELS OF HUMAN BEHAVIOR

Dominant Model • Traditional assumption has been

that people are hyper-rational, self-controlled, and self-interested.

Behavioral Model • Observations of human behavior

show that people use cognitive shortcuts, affected by the context, present-oriented, and social.

• These “biases” are predictable.

EXAMPLES OF BEHAVIORAL FACTORS RELEVANT TO CHILD SUPPORT

Factor Definition Child Support Application

Ostrich Effect1

The tendency to avoid undesirable information, even when that information might have significant negative implications, including matters of life and death.

Non-custodial parents may avoid or fail to respond to enforcement notices.

Limited Attention2 The capacity to process, understand, and recall information is bounded.

Parents with complicated lives may lack the bandwidth to pay close attention to child support information.

Hassle Factors3 A feature or situational detail that makes a behavior harder to accomplish. This could be, for example, a small barrier to completing a task, such as filling out a form or waiting in line.

The need to notarize documents may deter non-custodial parents from participating in order modification or debt relief programs.

1Karlsson, Loewenstein, and Seppi (2009); 2Datta and Mullainathan (2012); 3Bertrand, Mullainathan, and Shafir (2004)

IMPLICATIONS

• If we design programs to respond to the real psychological

and behavioral needs of customers, we may reduce friction

and improve outcomes.

• This, in turn, is likely to improve the image of the child

support program.

SELF-ASSESSMENT IS THE FIRST STEP

• Must see disengagement as an indication that there is a

bottleneck to be fixed, not as a reflection of the inherent

characteristics of your customers

• Can change the “architecture” of programs to reduce

bottlenecks

FIVE BEHAVIORAL TOOLS TO INCREASE UNDERSTANDING AND ENGAGEMENT

1. Create “Cognitive Ease” Communicate in short, plain language; use graphics and visual cues

2. Frame Requests Motivate requests in terms of immediate self-interest and parent identity

3. Include Implementation Prompts Break down tasks into steps, add a map, create a deadline

4. Communicate Regularly Try to prevent the ostrich effect by setting up regular, neutral

communication opportunities with customers 5. Send Reminders on Multiple Channels

COVERSHEET TO SERVICE PACKAGE IN CALIFORNIA (BICS)

INFOGRAPHIC EXPLAINING CONSEQUENCES OF PARTIAL PAYMENT IN COLORADO (BICS)

WALLET CARDS AT ORDER ESTABLISHMENT IN COLORADO (BICS)

REMINDER POSTCARD ABOUT ALTERNATIVE TO COURT OPTION (NYC)

REMINDER POSTCARD ABOUT ALTERNATIVE TO COURT OPTION (NYC)

REMEMBER…

• Self-assessment is the first step to improvement- it’s an

empirical process

• Use behavioral insights to create responsive programs

• Learn more at the Center for Applied Behavioral Science

• go to at www.mdrc.org to see our reports

• sign up for the Behavioral Buzz newsletter

• follow us on Twitter @CABS_MDRC

CONTACT

Nadine.Dechausay@mdrc.org

Marketing

Jael Maack

When You Think Of Marketing, Do You Think: • Big-budget advertising?

• Shady executives?

• Manipulation?

• Misdirection?

MARKETING DEFINITION

Marketing Is Communication. • Good, bad or in between

• On the web or on the office wall

• For a price or free of charge

• Carefully planned or carelessly improvised

Every form of communication sends a message.

Lack of communication sends a message too.

MARKETING DEFINITION

o The Rule of Seven: Your message has to be heard at least seven times to sink in.

o Don’t be afraid to over-communicate. There rarely is such a thing.

o Define Your Target Audience

o It’s almost never “everybody.”

o Reach Your Audience Where They Are

o Don’t try to build a whole new channel – go where they already get information. Billboards? Maybe. But more likely: your office. Their smartphones.

o You Can’t Manage What You Can’t Measure

o Set your baseline, then your goal. Then figure out how you’re going to get there.

MARKETING PRINCIPLES – AND THEIR CHILD SUPPORT APPLICATIONS

I. Cultural Factors

– Culture and societal environment

– Sub-cultures

– Social classes

– Cultural trends

II. Social Factors

– Reference groups and membership groups

– Family

– Social roles and status

YOUR AUDIENCE: WHAT INFLUENCES CONSUMER BEHAVIOR?

III. Personal Factors

– Age and way of life

– Purchasing power and revenue

– Lifestyle

– Personality and self-concept

IV. Psychological Factors

– Motivation

– Perception

• Selective attention

• Selective distortion

• Selective retention

– Learning

– Beliefs and Attitudes Source: theconsumerfactor.com

Your Tools Will Depend On:

•Budget

•Goals

•Technology

•Team

Educate Yourself On What Works – As Best You Can.

“Half the money I spend on advertising is wasted; the trouble is I don't know which half.”

-- John Wanamaker

Marketing Includes:

• Analyzing market opportunities

• Selecting target markets

• Designing marketing strategies

• Planning marketing programs

• Organizing, implementing and controlling the marketing effort

MARKETING MANAGEMENT

Source: Wikiversity

What If We Had…

o Best practices from other jurisdictions?

o Infinite Budget? (as an exercise)

o A nationally coordinated campaign from NCSEA to execute and build on?

WHAT IF?

?

“If you don’t like what’s being said, change the conversation.”

(Don Draper)

FOR THE ROAD…

THANK YOU!

Procedural Justice Kate Wurmfeld, Esq. Center for Court Innovation

The Behavioral Insights Approach Nadine Dechausay, J.D., M.A. MDRC’s Center for Applied Behavioral Science (CABS)

Marketing Jael Maack Xerox Public Sector