Options for Engagement

Each engagement method has different advantages and disadvantages and may or may not be appropriate or feasible depending on your context. The next tables provide examples of engagement that emphasize unidirectional, bidirectional, or multi-directional communication.1

Not all of the methods listed here were used by the pilot teams.  Those linked to pilot efforts are starred (*) . Others are listed to provide a more complete sampling of engagement options. When relevant, links are provided to examples from the pilot teams and to additional resources or exemplar cases.

Feel free to explore the options below. If you would like to see concrete applications of the options you may wish to explore the engagements conducted by the pilot teams.

Unidirectional (Court to Public) Methods:

The methods in this section emphasize communication of information from the courts to the public. Some critics claim public education efforts presume that the institutions do not need to change, and that most problems would be solved if only the public’s understanding would change.  However, because most of the problems and goals that engagement seeks to achieve are complex, unidirectional and educational methods are often used in combination with other methods rather than alone.

A media campaign provides education or information to the public through traditional media (e.g., newspaper, radio, television, brochures), social media, or advertising. Courts may use media campaigns to inform the public about new processes or policies.

Media campaign tools may be used as part of your larger engagement efforts by providing the means to

  • let the public know about your efforts
  • invite the public to participate
  • provide information at your engagements
  • let the public know the results of the engagements and how you are responding to issues uncovered by your engagements
ProsCons
  • Provides information to a broad audience quickly
  • Social media is free and used widely
  • Some media can be expensive
  • May not reach intended target audiences
  • Competes with other media for audience attention
  • Can be difficult to measure impact

Pilot Examples

  • The Franklin County Municipal Court uses a variety of brochures to share information with the public about its programs, and also used these materials during its engagement activities.
  • The pilot teams also used video media to get the word out about their engagement efforts.

More Resources

Displays and exhibits are physical public displays of information. They are often available to people passing by their location and require little or no facilitation. On the other hand, an organizational representative may be present to answer questions and engage in dialogue with those who engage with the exhibit. Court exhibits can vary widely (see examples under "learn more").

ProsCons
  • Visually engaging
  • Can be located at high traffic areas (public buildings, community events)
  • Online exhibits can reach a wide audience
  • Competes with other media for audience attention
  • Difficult to measure impact

Examples

For an open house, residents are invited to stop by on a set day to learn more about the institution. During open houses, organizational representatives may be present to give tours, provide information, and answer questions. Open houses are typically used in conjunction with displays and exhibits to provide opportunities for structured and unstructured learning opportunities for attendees. In addition, surveys and small group discussions can be used during open houses to provide more than one-way communication.

ProsCons
  • Relaxed, informal atmosphere for providing information
  • Multiple events can be held at different locations across a community
  • Can also integrate such techniques as surveys to increase modes of communication
  • Potential for lack of clarity in purpose
  • Because people are coming and going, it may be difficult to have a good discussion
  • Resource intensive for staff
  • Can be expensive
  • May only attract persons who are already interested in the topics

Examples

Unidirectional (Public to Court) Methods:

These methods emphasize communication from the public to the courts and entail the courts listening to and being curious about what they can learn from those they engage. When using these methods, it is important to keep in mind that how you ask the questions can impact the answers you receive. Furthermore, to ensure you do not erode trust, it is important to let people know you heard what they said and are willing to do something in response.

Surveys are questionnaires which can be self-administered on paper or via online methods or may be administered by an interviewer over the phone. Other features of surveys include:

  • Surveys can solicit standardized input from a large number of persons.
  • Volunteer or convenience sample surveys can be completed by anyone who has the survey instrument, and may allow more people to be heard, and help people feel heard.
  • A random-sample survey can be conducted to estimate the prevalence of views in a population.
  • Surveys typically include:
    • A set of standard questions that all persons are asked.
    • Both closed-ended (e.g., rating or multiple response options) questions and open-ended (text response) questions.
    • Questions that can be answered in a short period of time (e.g., less than 10 minutes).
ProsCons
  • Online surveys remove the need for data entry, can randomize questions, and can be very cost-effective for large-scale administration, resulting in quickly obtained results.
  • Mail surveys with postage-paid return envelopes sent to address-based samples can overcome issues related to the increasing use of cell phones that are not listed in a phone directory.
  • Random sampling allows generalizability to populations (community as whole, or geographic, cultural, or socioeconomic subpopulations) beyond those surveyed, with a degree of confidence that can be known and messaged.
  • Random sample surveys are considered a very high-quality method of information gathering from any target group.
  • Online surveys require people to have access to the internet and this may pose an additional barrier to completion and bias in the sampling.
  • Mail and phone surveys can be more expensive.
  • If trying to generalize to subgroups (e.g., underserved populations or parts of the city), you need to have sufficient numbers of respondents to allow for the assessment, driving up costs even more.
  • Even in the case of random-sample surveys you will not obtain the views of people who receive the survey yet do not complete the survey. The results of the survey are only as valid as the similarities between the completers and non-completers.

Pilot Examples

  • The Kansas City, Missouri Municipal Court used a court user survey to gather information prior to planning and holding community discussions.
  • The Texas Office of Court Administration used a short web-based survey as part of its recruitment efforts, to gather a little information from those wishing to attend their engagements.

Other Examples

  • The Judicial Branch of California surveyed attorneys and the public regarding their trust and confidence.
  • Minnesota courts survey results pertaining to trust and confidence, and strategies for responding to those findings.

More Resources

Interviews involve meeting one-on-one with people to ask them questions about their views or gather input about a topic.

ProsCons
  • Ability to gather in-depth information from a person
  • Ability to be highly selective in identifying interviewees
  • Can be done in-person or via phone or internet
  • Can provide confidential environment for sensitive topics
  • Can be time consuming to conduct
  • May lack transparency
  • Interviewer bias can impact results
  • Defines the range of issues but does not indicate their frequency

Examples

  • Judicial Branch of California surveys, interviews, and focus groups around public trust and confidence

Focus groups are small group meetings during which the organizers/facilitators ask for input about a topic. Focus groups are often comprised of 8-12 participants per discussion to ensure the participants can all have a chance to share their views and hear a diversity of other views.

Focus groups are often accompanied by:

  • surveys conducted before and/or after the group
  • a structured set of questions and follow-up prompts to ask of each group
  • a trained facilitator/interviewer to guide the discussion, administer the structured questions, make sure everyone has a chance to give input
ProsCons
  • Ability to gather in-depth information from a small group
  • Ability to be highly selective in identifying participants
  • Can be done in-person or virtually (e.g., via phone or internet)
  • Good way to learn about interests and views of the participants
  • One participant’s perspectives can prompt new ideas or helpful reactions from other participant
  • Follow-up questions can yield detailed and thoughtful information
  • Size of group must be small and those involved may not be representative of the community
  • May lack transparency
  • Facilitator bias can impact results
  • Group members can coalesce around perspectives that are not reflected outside the group

Pilot Examples

  • The Texas Office of Court Administration used small group structured discussions similar to focus groups to listen to community members’ perceptions of the courts and judicial system.
  • The Kansas City, Missouri Municipal Court used small and large group discussions and real-time voting activities to obtain community input about fairness, access, trust, and high failure to appear for court rates.
  • The Massachusetts team conducted stakeholder meetings in Chicopee to obtain stakeholder input pertaining to court-community substance abuse solutions. The first Chicopee meeting especially resembled a focus group because it involved the use of structured questions to obtain information from the stakeholders regarding their experiences.

More Resources

Listening sessions are medium or large group assemblies which emphasize active and deep listening by court professionals as participants share their experiences. While similar to focus groups, these sessions may be more open ended to allow participants greater opportunity to steer the conversation to topics important to them. Some engagement practitioners recommend groups should be small to ensure everyone a chance to talk. However, others find success with larger group formats. Typically, listening sessions focus on understanding the challenges and opportunities in a situation from the perspective of those invited to attend.

ProsCons
  • Ability to gather in-depth information from a group
  • Ability to identify new or previously unheard views
  • Can be highly targeted to specific audiences
  • May still provide opportunities for two-way communication
  • May not address specific questions of interest to a court
  • May not be representative of the targeted group(s)
  • May require logistical management of large groups
  • May require additional work for proof of accountability

Pilot Examples

  • The Nebraska Supreme Court Office of the State Court Administrator used active listening sessions to engage Native American communities about access to justice, disparities, and sovereignty issues.

Other Examples

  • Although outside the court context, Oregon Health and Science University provides guidance for conducting listening sessions which may be transferrable to court contexts.

More Resources

Bi-directional Methods

Bi-directional engagement methods provide opportunities for courts and stakeholders (including the public) to talk and exchange information and impact each other’s understanding of a topic or issue. This may feel risky to you, because you will not be able to predict what the public or stakeholders will say. It is usually useful to have trained facilitators help to guide the discussion, keep it on track, and encourage participants to remain respectful.

Town hall meetings are often medium to large public assemblies during which organizers present information, answer questions, and sometimes gather public input about a topic. They typically include prepared information presentation and one or more moderators/facilitators who assist with keeping the discussion focused and progressing.

More recently, some varied formats for town hall meetings also use technology and social media as a means to allow more people to participate from varied locations.

ProsCons
  • Ability to present information and opportunity gather feedback at a large scale
  • Open to the public
  • Opportunities for two-way communication
  • Community events can generate excitement or attention
  • Can attract highly motivated interest groups
  • May miss target audiences
  • May not be representative of the general public
  • Logistical management of large groups may be challenging

Other Examples

More Resources

During panel discussions, court professionals, subject matter experts, and/or persons with unique perspectives provide information and answer questions about a topic. Facilitated discussions often occur among the panelists while the public watches. The public often is also invited to ask questions and make comments as part of the discussion.

ProsCons
  • Ability to present information and gather feedback at a large scale
  • Opportunities for two-way communication
  • Experts inform and increase public understandings
  • Can be highly technical
  • May miss target audiences
  • May not be representative
  • May not hold the interest of all audiences

Pilot Examples

The Administrative Office of the Massachusetts Trial Court worked with the local district court in Holyoke to conduct a panel discussion around strategies to address drug addiction

Other Examples

  • In their 2016 “Beyond the Bench” engagement, Texas convened a panel around “life-altering moments” involving interactions between communities and law enforcement.

More Resources

  • Read about expert panels and a similar process called "fishbowl" at NCDD.org

Citizen advisory committees or boards are typically made up of various community and organizational representatives (e.g., from governmental to public) that represent specifically targeted groups. The committee then provides input and feedback on issues and solutions via discussion with the courts. The advisory members may be appointees, nominees, or volunteers. Committee/board members can be asked to deliberate and form informed opinions about issues after receiving information.

ProsCons
  • Engages stakeholders on a regular basis
  • When committee meetings are held over time, there is the opportunity to obtain more sophisticated and nuanced input
  • Can be institutionalized and integrated into courts
  • Facilitates transparency and legitimacy
  • Most residents are familiar with this type of input
  • Useful for presenting information and then hearing immediate feedback
  • Can obtain specific input, for example by asking attendees to vote on options or rank order preferences
  • Committee members can draw up reports and issue recommendations as part of process
  • Can be highly technical
  • Can be perceived as exclusive and may not be representative of all groups
  • Requires experienced facilitators because, without facilitation, the committees may veer off course or stop functioning
  • Can require formal governance structure
  • Are comprised of residents or stakeholders who have vested interests, so their involvement may not result in new perspectives
  • Number of people involved is small, which may raise questions about how well the public is represented as well as how much influence they will have
  • Can be difficult to get people to make commitments and stay involved in the committees over a period of time

More Resources

Multi-directional Methods

Multi-directional engagement methods include communication, not only between the court and stakeholders, but also between stakeholders and the public who may hold differing perspectives. These methods can provide the opportunity for different groups to learn from one another, rather than only learning from the courts. The methods also provide the courts with a range of different viewpoints, and information on how those viewpoints are received by diverse others.

World café processes involve breaking a large group into small groups for facilitated discussions around rotating themes. Participants gather together, are welcomed by a host and asked to follow certain ground rules during their discussions. They break into small groups of 4-5 for a brief (e.g., 20-minute) discussion of a topic. At the end of that discussion round, they leave their small group and join a different small group for discussion. Specific questions guide the discussion to help participants focus on different aspects of the chosen topic or issue. After a few rounds of small group discussion, participants gather as a large group to share or “harvest” what they discussed or learned in their small groups.

ProsCons
  • Can provide opportunities for in-depth discussion and dialogue
  • Can gather input on several related topics simultaneously
  • Can accommodate very large groups while still allowing each individual to express their perspectives
  • Requires experienced facilitators
  • Facilitator bias can impact results
  • May require logistical management of large groups

Pilot Examples

More Resources

A number of engagement methods emphasize more intimate exchanges among small groups in which individuals get to know one another better as they discuss a series of questions or topics over the course of the engagement. For example, Livingroom Conversations, emphasize getting to know one another and the sharing of one’s core values prior to discussing a potentially controversial or conflict-ridden topic. By first doing introductions, and then sharing core values, participants find many areas of agreement and commonality. When they discuss the focal topic, they are primed to relate their views to their core values, and to see how core values also drive potentially opposing views. By focusing a final round of conversation on reflections and next steps, participants are encouraged to share how their views changed and actions they can personally take to address the topic or issue.

Similarly, Conversation Cafés emphasize getting to know one another in a respectful, open, informal context. A Conversation Café emphasizes first listening without comment and then then taking the conversation deeper using questions that can be adapted to any topic. Like many facilitated discussions, designers of the method recommend all participants follow certain ground rules or “agreements” for discussion such as being open-minded, sincere, accepting, and curious.

ProsCons
  • Participants get to know one another and focus on relationships, not only issues
  • In addition to hearing other perspectives, participants are likely to feel heard and accepted
  • Informal relaxed nature of the conversation may be more appealing to some
  • Structure, guidelines, and facilitator help to ensure a successful discussion
  • Because the emphasis is on understanding, it may not lead to action or consensus
  • Requires a greater time commitment to get to know other participants personally
  • May not allow for the sharing of as many perspectives as exist

Pilot Examples

  • The Franklin County, Ohio Municipal Court organized a small-group stakeholder discussion with and among community and faith leaders to address knowledge and access issues related to its specialized court dockets.

More Resources

Deliberative discussions are small or large group discussion and dialogue which occur after providing background information and the chance to ask questions of experts. This method often involves use of a random sample or representative sample of the public. Often deliberative discussions aim to give diverse stakeholders a full and fair opportunity to influence a decision or outcome.

Deliberative discussions typically include:

  • Briefing materials
  • Baseline surveys
  • Expert presentations and time for questions and answers
  • Small-group discussions
  • Large-group plenary discussions
  • Post-event surveys
ProsCons
  • Provides in-depth discussion and dialogue opportunities
  • Experts inform and increase public understandings
  • Facilitates transparency and legitimacy
  • Offers a level playing field for participants of varying knowledge levels
  • Avoids domination by influential and outspoken people.
  • Interesting and enjoyable for participants
  • Survey information reflects views of informed participants, instead of just “top of the head” responses
  • Requires experienced facilitators and administrative support
  • Requires logistical management of large groups
  • Can be costly to plan and execute, especially if one uses a representative sample of the public
  • Usually requires more time investment from participants, including 4-6 hours on day of discussions

Examples

More Resources

Virtual Engagements

Many of the engagement methods described above can be translated or adapted for virtual environments. As COVID-19 spread during 2020 and 2021, the public engagement pilot teams needed to find methods for engaging the public safely. Below are two examples of virtual engagement methods. In addition, four of the pilot teams adapted or created and implemented methods to engage the public virtually.

These discussions use social media platforms like Facebook or Twitter to host real-time discussions about topics. Creating such an engagement typically includes creating a webpage, social media page, and/or hashtag to bring people and content together.

ProsCons
  • Requires the technology to participate
  • May be difficult to moderate discussions and to keep them focused on the topics
  • Amount of information received may be difficult and time-consuming to process
  • Difficult to enforce thoughtful deliberation if that is the goal
  • Lack of physical presence and use of text based communication can sometimes reduce civility of discussion
  • May be more attractive to younger generations
  • Can attract people from all over the world if they have an internet or mobile connection
  • Allows for a lot of information to be gathered at once and relatively automatically transcribed to text for deeper analyses
  • Online tools can be used to easily track data that may be relevant to public opinion such as likes, retweets, replies

Example

  • To celebrate Constitution Day, judges in Georgia answered questions on social media.

More Resources

In televoting, people are contacted and invited to be interviewed or surveyed about their opinions at a future date. Prior to that interview or survey, they receive information on the issue of concern and are asked to carefully consider the information and discuss it with friends, family, and neighbors. Panel discussions of the topic can be televised or otherwise broadcast prior to or on the day of the survey. By allowing people to also call in with questions, the method becomes more bidirectional. Finally, after considering the information (and televised panel discussion if relevant), the participants provide their opinions and reasoning on the survey questions.

This method typically includes:

  • Interview/survey format, combined with self-guided deliberation
  • Information provided ahead of the actual voting activities

It is important that the interview or survey is conducted by a person, so the respondent will feel accountable to adequately consider his or her views.

ProsCons
  • Can motivate substantial numbers of people to deliberate an issue at relatively low cost—including participants’ social networks
  • Instills a sense of accountability in the respondent that increases cognitive effort and reduces biases
  • Some research finds that much if not all opinion change in more expensive face-to-face deliberation is due to learning materials, which are incorporated here
  • Unlike standard deliberation, it is less likely the respondents’ self-chosen discussion partners will have diverse views
  • It is not known how many people actually deliberate with others, how much they do so, and what the quality of these deliberations are
  • Effect on community attitudes is unknown

Examples

Pilot Virtual Engagement Examplars

References

[1] The distinction between these forms of communication builds on IAP2’s widely cited model of public participation, see https://www.iap2.org.au/wp-content/uploads/2019/07/IAP2_Public_Participation_Spectrum.pdf