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To be filled in by ADR providers ONLY. Service Providers Survey
Background to the research
The Department of Justice appointed RSM McClure Watters to carry out this research to map the provision of Alternative Dispute Resolution (ADR) services in Northern Ireland, with focus on mediation and conciliation in cases that reach, or could reach, the civil courts (as opposed to tribunals). This research has derived from the Access to Justice Review, which was commissioned by the Minister of Justice in September 2010, to review legal aid provision in Northern Ireland, with a particular emphasis on securing value for money and alternative approaches to resolving disputes. The final report of the Review was published for public consultation in September 2011 and the Minister of Justice’s response was announced in July 2012. In his response, the Minister stated:
"The Report makes a number of recommendations relating to the promotion of and support for ADR in general but it also notes that the development of ADR to date has been piecemeal and uncoordinated. Work in relation to these recommendations will therefore be taken forward in stages beginning with the commissioning of research to comprehensively map the current provision for ADR and engaging in discussions at official level with other departments with an interest in ADR. This work will enable my Department to then look at the ways in which ADR could best be actively promoted and supported. As part of this on-going process we will review the need for any relevant legislation for which my Department is responsible."
Who should complete this questionnaire?
Any organisation, body, business or individual that provides mediation, conciliation or arbitration services in Northern Ireland should complete this questionnaire. Any organisation that provides ADR solely for employment or is part of an Ombudsman Scheme should not complete this. This research does not cover criminal law, employment law, land law (apart from neighbour disputes) or Ombudsmen schemes
Timescales
The deadline for completion is 3rd December 2012.
Important notes on completing the questionnaire
The questionnaire will take approximately 15-20 minutes to complete. For some respondents, the time required may be more (depending on the number of questions to be completed), for others it may be slightly less. We appreciate the investment of your time in this important research which will be used to consider how the sector could be promoted and supported.
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To be filled in by ADR providers ONLY.Ways to complete the questionnaire
If you require any assistance or have any queries please do not hesitate to contact Karyn Millar or Jenny Irwin at RSM McClure Watters on 02890 23 43 43 or at [email protected].
Please note we are happy to receive this questionnaire completed on line, in hard copy or if you prefer call us and we can do it with you as a telephone interview.
Our postal address for hard copy versions is :
Karyn MillarADR SURVEYRSM McClure Watters1 Lanyon QuayBelfastBT1 3LG
Confidentiality
All individual responses will be treated in confidence by RSM McClure Watters and the Department of Justice Northern Ireland.
Definition of ADR
Reference is made to ADR (Alternative Dispute Resolution Services) and these are defined as mediation, conciliation, arbitration, collaborative law and restorative justice. We appreciate there may be other areas that could be included but for the purposes of this review we are focusing on these areas.
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To be filled in by ADR providers ONLY.
Section A: General Information
Q1. Are involved in delivering ADR services?Yes ☐ Please go to question 2.No ☐There is no need for you to continue
with this questionnaire, thank you for your time.
Q2.
What is the name of your employer? (Note if you are self-employed and provide mediation sessions for a number of organisations under contract please detail all below). If you are self-employed and access your work directly from clients, please detail your own company name:
Q3. Do you have insurance to provide ADR? Yes ☐No ☐
Q4.Which sector are you employed in? (Note if you are self-employed, delivering sessions/services into a range of sectors, please tick all that apply)
Private ☐Public ☐
Voluntary and Community ☐
Q5.Which ADR services do you provide in Northern Ireland? Please tick all that apply.
Mediation ☐ Conciliation ☐
Arbitration ☐ Collaborative Law ☐
Restorative Justice ☐
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To be filled in by ADR providers ONLY.None ☐Survey end.
Q6. Do you work to the EU Code of Conduct on Mediation?Yes ☐ No ☐
Not applicable ☐
Q7.What is the average length of time you spend per case (hours) in relation to each of applicable areas of ADR?
Mediation
Conciliation
Arbitration
Collaborative Law
Restorative Justice
Q8.What type of disputes do you provide ADR services for? Please tick all that apply.
Mediation Conciliation Arbitration Collaborative Law
Restorative Justice
Family Disputes (e.g. contact/ residence in
relation to children following separation,
parenting plans, finance and property
division etc.)
☐ ☐ ☐ ☐ ☐
Inheritance Disputes (e.g. challenges over
wills/ estates) ☐ ☐ ☐ ☐ ☐
Intergenerational Disputes (e.g. care of elderly relative; young person/ parent dispute
etc.)
☐ ☐ ☐ ☐ ☐
Neighbour disputes ☐ ☐ ☐ ☐ ☐Page 4
To be filled in by ADR providers ONLY.(e.g. disputes over
land, trees blocking light, ownership or
height of walls or fences and parking
spaces, rights of way)Business
( Partnership , shareholder or family
business disputes)
☐ ☐ ☐ ☐ ☐
Repossession ☐ ☐ ☐ ☐ ☐Clinical Negligence
disputes☐ ☐ ☐ ☐ ☐
Personal Injury disputes
☐ ☐ ☐ ☐ ☐
Professional Indemnity disputes
☐ ☐ ☐ ☐ ☐
Professional Negligence disputes
(e.g. accountants, solicitors)
☐ ☐ ☐ ☐ ☐
Parading disputes and other interface/inter community disputes
☐ ☐ ☐ ☐ ☐
Contracted Claims (e.g. construction
disputes)☐ ☐ ☐ ☐ ☐
Other ☐Please specify:
☐Please specify:
☐Please specify:
☐Please specify:
☐Please specify:
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To be filled in by ADR providers ONLY.
Q9.
Where do you provide ADR services?
- Is this across all of Northern Ireland? - In specific cities/ large towns?
Mediation Conciliation Arbitration Collaborative Law
Restorative Justice
Across all of Northern Ireland
☐ ☐ ☐ ☐ ☐
Please detail cities or large towns
Q10. Where do you provide your ADR service? Please tick all that apply.From own office ☐ Please go to question 12.
Arrange a neutral venue ☐Please go to question 11.Travel to client ☐Please go to question 11.
All ☐Please go to question 11.
Q11.What is the maximum distance you are willing to travel to a client? Please specify in miles:
Q12.Do you provide your services before disputes reach court, during court proceedings or both? Please tick one only.
Before the dispute reaches court ☐During court proceedings ☐
Both ☐
Q13. How many clients did you provide ADR services for, approximately, in January-December 2011? Please specify numbers (and if they were
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To be filled in by ADR providers ONLY.referred by an organisation please detail the organisation/s).
Mediation
Number of clients: Referral Organisation if appropriate (if not leave blank):
Conciliation
Number of clients: Referral Organisation if appropriate (if not leave blank):
Arbitration
Number of clients: Referral Organisation if appropriate (if not leave blank):
Collaborative Law
Number of clients: Referral Organisation if appropriate (if not leave blank):
Restorative Justice
Number of clients: Referral Organisation if appropriate (if not leave blank):
Q14. Has the level of demand for each of the ADR services increased, remained the same or decreased within the past three years? Please
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To be filled in by ADR providers ONLY.tick all that apply.
ADR Service Level of DemandMediation
Increased ☐
Remained the same ☐
Decreased ☐
ConciliationIncreased ☐
Remained the same ☐
Decreased ☐
ArbitrationIncreased ☐
Remained the same ☐
Decreased ☐
Collaborative Law Increased ☐
Remained the same ☐
Decreased ☐
Restorative Justice Increased ☐
Remained the same ☐
Decreased ☐
Q15.Does the level in demand vary between the types of services being required by clients?
Yes ☐ Please go to question 16.No ☐Please go to question 17.
Don’t Know ☐Please go to question 17.
Q16. Please detail how the level of demand varies:
Q17.On average, how long does it take for clients from time they requested help to get to meet an ADR provider? Please detail as applicable (please specify number of working days):
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To be filled in by ADR providers ONLY.
Mediation
Conciliation
Arbitration
Collaborative Law
Restorative Justice
Q18. Do you have a waiting list?Yes ☐Please go to question 19.No ☐ Please go to question 20.
Q19.Please provide detail of this waiting list below, according to each applicable service:
ServiceWaiting Time (average
number of days)Number of People
Currently Waiting for an Appointment (approx.)
Mediation
Conciliation
Arbitration
Collaborative Law
Restorative Justice
Q20.Do you have an initial ‘screening’ process that identifies which services1 are suitable for clients?
Yes ☐Please go to question 21.No ☐ Please go to question 22.
1 Collaborative law, restorative justice, mediation, conciliation or arbitration.Page 9
To be filled in by ADR providers ONLY.
Q21. How is this process carried out?
Q22.Do you have a formal (i.e. written) policy in relation to confidentiality, which you use with all clients?
Yes ☐Please go to question 23.No ☐ Please go to question 24.
Don’t Know ☐ Please go to question 24.
Q23.Please outline details of the policy (e.g. does the policy state that you cannot disclose information to the court etc.?)
Q24.Do you have an informal (i.e. not written) position in relation to confidentiality?
Yes ☐Please go to question 25.No ☐ Please go to question 26.
Q25. Please detail your position.
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To be filled in by ADR providers ONLY.
Q26.Are you subject to any regulatory or voluntary CPD (Continuous Professional Development) requirements regarding ADR?
Yes ☐Please go to question 27.No ☐ Please go to question 28.
Q27.Please outline these requirements (i.e. number of hours training per annum etc.):
Section B: Organisations: To be completed by those ‘employing’ others to deliver ADR services
TO BE COMPLETED BY THOSE EMPLOYING / CONTRACTING WITH PEOPLE TO DELIVER ADR SERVICES. IF YOU ARE A SOLE PERSON DELIVERING THE SERVICE PLEASE GO TO Q40 AND LEAVE THIS SECTION BLANK.
Q28.Do you deliver your services via employees, self-employed / sessional/ associate staff?
Yes, I am organisational contact ☐ Please go to question 29.Page 11
To be filled in by ADR providers ONLY.No, I am an employee or self-employed ☐Please go to question 40.
Q29.How many staff/sessional staff does your organisation have that can deliver these ADR services? Please specify numbers:
MediationConciliation
ArbitrationCollaborative Law
Restorative Justice
Q30. Are your ADR staff/ sessional staff trained to deliver ADR?Yes ☐ Please go to question 31.No ☐Please go to question 33.
Q31.Which Professional bodies do you use to train ADR staff/sessional staff? Please tick all that apply:
Law Society ☐Family Mediation Council UK ☐
Mediation Institute Ireland ☐
Other:
☐Please specify:
Q32.What percentage of your ADR staff are trained by a Professional Body? Please specify:
%
Q33.
Do your ADR staff/sessional staff have any relevant formal qualifications to deliver these services? (Formal = Degrees, Post Graduate Diplomas; Post Graduate Certificates etc. through university/ college)
Yes ☐ Please go to question 34.No ☐Please go to question 35.
Q34.What are these and how many staff and associates have these? Please detail:
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To be filled in by ADR providers ONLY.Qualification Number of Staff with this
QualificationNumber of Sessional
Staff with this Qualification
Q35.Have your ADR staff/associates undertaken any other training in ADR (outside of formal qualifications)?
Yes ☐ Please go to question 36.No ☐Please go to question 37.
Q36.Please detail below: number of days training approx. completed by staff/sessional staff LAST YEAR regarding this type of training:
Training Course
Number of days approx.
Number of staff trained in this area
last year
Number of sessional staff trained in this areas last year
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To be filled in by ADR providers ONLY.
Q37.Are your ADR staff/ associates required to be members of Professional Bodies in order to deliver ADR services?
Yes ☐ Please go to question 38.No ☐Please go to question 39.
Q38. Please detail which Professional Bodies:
Q39.Do you think there should be a legislative or regulatory system of accreditation for those who provide ADR services?
Yes ☐ No ☐
Section C: Single Mediators Responding to Questionnaire
NOTE: If you have completed section B, you can go straight to Q 46.Q40. Are you currently providing ADR services (either full time or part
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To be filled in by ADR providers ONLY.time)?
Yes ☐ Please go to question 41.No ☐ Finish questionnaire.
Q41. Are you a member of a Professional Body?Yes ☐ Please go to question 42.No ☐Please go to question 43.
Q42. Please detail which Professional Bodies:
Q43.What formal qualifications (Formal = Degrees, Post Graduate Diplomas; Post Graduate Certificates etc. through university/ college) do you have to deliver ADR services? Please detail all.
Q44.Have you completed other training in ADR (outside of formal qualifications)?
Yes ☐ Please go to question 45.No ☐Please go to question 46.
Q45.Please detail the approx. number of hours training completed and details of the courses in the periods specified below:
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To be filled in by ADR providers ONLY.
2010-2011
2009-2010
Q46.Do you think there should be a legislative or regulatory system of accreditation for those who provide ADR services?
Yes ☐ No ☐
Section D: Accessibility
Q47.How do you ensure your services are accessible to all those who need them? Please tick all that apply.
We have a website that provides information of all our services
☐We provide all publications and
advertising in large print on request☐
We provide all publications and advertising in braille on request
☐
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To be filled in by ADR providers ONLY.We have an information hotline that the
public can call during specific times☐
We have an information hotline that the public can call at any time
☐
We have translators available for people whose first language is not
English
☐
Other organisations or websites signpost or refer people to our services
☐Please go to question 48.
Other ☐Please specify:
Q48.Which other organisations refer potential clients to you (please complete if applicable)?
Q49. Do you monitor how your clients access your ADR services?Yes ☐ Please go to question 50.No ☐Please go to question 51.
Q50. How do they access your ADR services? Please detail:
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To be filled in by ADR providers ONLY.Q51. How do you promote the ADR services that you provide?
Advertising campaign ☐Seminars ☐Mail shots ☐
Word of Mouth ☐Via our website ☐
Via other organisations websites ☐We do not carry out promotional
work ☐
Other ☐Please detail:
Q52.What specific activities do you carry out to promote your services through referral bodies (e.g. joint seminars etc.)?
Section E: Funding and Costs
Q53. Do you receive funding to deliver your services?Yes ☐Please go to question 54.No ☐Please go to question 56.
Q54.Please specify which organisation funds your ADR service and the details :
Name of Funder and name of Start Date (Month End Date (Month Page 18
To be filled in by ADR providers ONLY.programme (only state name of programme if applicable)
and Year) and Year)
Q55.
What is this funding used for in relation to the provision of your ADR services? I.e. management costs in delivering services; marketing; mediator costs Travel? Etc. Please detail and specify amount against each.
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To be filled in by ADR providers ONLY.
Q56.How much do you charge for your ADR services? ( Please detail all that apply)
Standard hourly rate ☐ Please specify amount:
Please go to question 60.Standard charge for a set number of
session ☐ Please specify amount and number of sessions :
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To be filled in by ADR providers ONLY.
Please go to question 60.Combination of hourly rate and a standard charge for a number of
sessions
☐ Please detail:
Please go to question 60.Free ☐Please go to question 57.
Partial charges( ie there is funding to offset some of the cost)
☐ Please go to question 57.
Other/It depends ☐Please detail:
Please go to question 60.
Q57.Are there criteria that must be met to gain your ADR services free of charge or for a partial charge?
Yes ☐Please go to question 58.No ☐Please go to question 60.
Q58. What are these criteria?
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To be filled in by ADR providers ONLY.
Q59.How many people approx would avail of your ADR services free of charge on average per year?
Q60.Have you ever had to turn potential clients away as they could not afford ADR services (and were not eligible for free services etc.)?
Yes ☐Please go to question 61.No ☐Please go to question 62.
Q61. How many approx have you had to turn away in the last 12 months?
Section F: Service Effectiveness
Q62.Do you monitor the outcomes of your ADR cases, e.g. whether or not an agreement is reached etc.?
Yes ☐Please go to question 63.No ☐Please go to question 64.
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To be filled in by ADR providers ONLY.Q63. How do you measure the outcomes of ADR? Please detail:
Q64.Have you evaluated or had an evaluation carried out of your ADR services?
Yes ☐Please go to question 65.No ☐Please go to question 66.
Q65.Please detail: date of evaluation and was it completed internally or externally?
Section G: Concluding Comments
Q66. Do you any comments you would like to make concerning the provision of ADR in Northern Ireland?
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To be filled in by ADR providers ONLY.
Thank you for taking the time to complete this survey. We very much appreciate the investment of your time in this important research which will be used to consider how the sector could be promoted and supported.
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