The IJD/IDJ Ontario (OMMP) Research Study:

IJD/IDJ public facing research techniques are informed by demonstrated success in professional
experience in academia, pedagogy and ADR facilitation. Our faculty is deeply rooted in ADR practice
principles (Transformative Dialogue) which embrace a core commitment to providing a safe and
inclusive environment to stage informative conversations attuned to adult learning techniques in order to
empower the participants for interest- based advocacy in self-determination.
The Ontario (OMMP) Research Project begins with a pre-consultation phase which draws upon the
knowledge and experience of the various branches of administrative and judicial departments within the
context of the larger legal and ADR communities in survey development. Notably, this early stage will
provide important connections and networking for strategic and long range recruitment and relational
engagement.
This outreach builds upon the preliminary analysis of internal court administrative data (as already
provided by the Office of the Chief Justice of the Superior Court of Ontario OMMP Program 2019-2024)
from which the Institute can identify various key performance indicators.
As the Research Survey rolls out, the IJD will provide a series of Progress Memoranda which will outline
emerging trends and fields of interest. Our facilitation faculty will follow up on the on-site interview
process as enabled by general and specific considerations (including volunteered consents) laid out in
the online survey.
The post consultation process will use ADR open space technology management to stage facilitated
Strategic Workshops and Provincial Plenary designed to inform and inspire synergy in deliberating the
developing recommendations of the Ontario (OMMP) Research Project.
This provincial research study builds upon the experience, results and insights obtained from the
combined methodologies as it refines survey instrumentation recommendations aligned with access to
justice considerations and improved service delivery. Our final recommendations will be presented as
the IJD/IDJ Ontario (OMMP) Research Project Final Report.

IJD/IDJ Ontario (OMMP) Research Project Survey Structure:

The proposed program will consist of the following elements:

o Preliminary Data Analysis
o Staff Training
o Facilitated Interviewing
o Survey (Drafting and Distribution)
o Interim Data Analysis and March 2028 White Paper
o Strategic Workshops
o Plenary
o Combined Process Analysis
o Transnational Research
o Final Report (March 2029)

The IJD Strategic Approach consists of a multi-step process intended to gather empirical data, collect
relevant stakeholder viewpoints through surveys and facilitated interviewing and distill out a collection of
effective policy recommendations through open space technology strategic workshops.

The survey will be structured as follows:

Structure (Two-Tiered Design)

Tier 1: Core Survey (All Respondents)
o Role identification (judge, mediator, counsel, court staff, litigant, public)
o Experience with mediation (frequency, type of cases, level of involvement)
o General perceptions of mediation effectiveness
o Accessibility and barriers (cost, language, cultural considerations, procedural clarity, online vs. inperson)
o Perceptions of fairness and neutrality
o Satisfaction with outcomes (full, partial, no resolution)
o Trust in the mediation process and court-connected services

Tier 2: Tailored Modules (By Stakeholder Group)

Judges:
o Criteria for referring cases to mediation
o Perceived impact on case management and resolution timelines
o Views on settlement durability and appropriateness
o Observed strengths and weaknesses of OMMP
o Views on specialized case management training for court staff

Mediators:
o Training, qualifications, and ongoing professional development
o Ethical challenges and role clarity
o Views on mediation ethics advisory governance and support
o Case complexity and compensation structures
o Factors influencing retention or exit from roster
o Observed strengths and weaknesses of OMMP
o Views on specialized case management training for court staff

Lawyers / Counsel:
Client preparedness and expectations
Strategic use of mediation
Observed strengths and weaknesses of OMMP
Views on fairness for represented vs. self-represented litigants
Views on specialized case management training for court staff

Court Staff / Administrators:
o Operational efficiency and administrative challenges
o Scheduling, intake, and coordination processes
o Consistency in Notices of Outcome and Data Collection
o Observations on system bottlenecks
o Observed strengths and weaknesses of OMMP
o Observed strengths and weaknesses of court-connected information services
o Views on specialized case management training
o Perceived strengths and weaknesses in Artificial Intelligence / Other Technologies in administrative
support

Litigants (Including Self-Represented):
o Understanding of the mediation process
o Perceived accessibility (language, cost, support)
o Perceived accessibility (court-connected information service)
o Experience of fairness, voice, and participation
o Outcome satisfaction and perceived durability
o Observed strengths and weaknesses of OMMP
o Views on specialized case management training for court staff

Qualitative Components
Open-ended questions on:
o Key challenges in current mediation processes
o Suggestions for improvement
o Experiences related to language, culture, and inclusion
o Option to participate in follow-up interviews or focus groups
o Language and Inclusion Considerations
o Fully bilingual (English/French) design
o Specific attention to francophone service accessibility and experience
o Inclusion of questions addressing cultural and linguistic responsiveness
o Specific attention to rural service accessibility and experience

Cross-Contextual Analysis
In service of cross-contextual analysis, the survey will be constructed to ensure that data is collected on
the following topics across all groups:
Outcomes: settlement rates, partial agreements, perceived durability
Process: fairness, neutrality, procedural clarity
Access to Justice: barriers for marginalized and francophone communities
System Design: timing of mediation, integration with court processes
Trust and Confidence: in mediation and broader justice system

The two-tiered survey will be available in both English and French and distributed in accordance with
best practices in the Official Languages. In addition to Advisory Board member JoAnn Meloche, Nigel
Macleod and Professor Michael Saini are fully proficient in both English and French languages.
We are managing ongoing cooperation and collaboration with numerous advocacy organizations,
and are in the process of forging a strategic relationship with appropriate Francophone and Rural partner organizations.
The Institute will provide interim status reports to partner organizations and strategic allies. During the
process, the Institute will hold a provincial plenary, which will both provide further information to the
Institute and also inform attendees of the Institute’s ongoing results.
At the conclusion of the Research Project, the Institute will publish a white paper which will be the basis
of further statistical analysis and transnational research. The report will highlight the empirical data,
participatory action research. The Institute will then present conclusions at representative gatherings,
including the annual OBA and CBA conferences as well as deliver webinars through wider professional
and public sector organizations