How to Improve Caseflow Management in Family Court

The judicial system, particularly in the realm of family law, is tasked with the delicate responsibility of resolving disputes that impact the lives of individuals and families. These cases can be emotionally taxing due to personal bonds, parenting conflicts, and the termination of marriages or partnerships. Many of these issues are evolving, requiring courts to review past incidents to guide future behaviors and relationships. For the litigants, the court process can be exhausting and confusing. Therefore, it is of utmost importance that the courts employ effective strategies for managing cases efficiently and fairly. This article aims to provide a clear understanding of the principles and practices of caseflow management and triage in family law cases. As the reader will quickly detect, these are proven practices for handling any case type.

Part 1 introduces the foundational elements of caseflow management and case triage. It highlights the importance of efficiently monitoring and controlling the progress of cases through the court system.

Part 2 delves into best practices for case management and triage. This section will explore critical strategies and structures that support the implementation of these practices in family law. This section introduces the National Center for State Courts’ Family Justice Initiative Pathways, which offer a plethora of best practices.

Part 3 outlines practical steps on how to operationalize the best practices discussed in part 2. This includes analyzing existing caseloads, identifying common trends for case triage, developing case management procedures, and implementing and reviewing the process with training and data reports.

By understanding and implementing case management and triage methods, courts can ensure that resources are allocated efficiently, cases are prioritized appropriately, and litigants are served in a timely and fair manner. This article provides insights and practical steps to foster a more streamlined and responsive court process for family law cases.

Part 1: Defining Caseflow Management and Triage

What Is Caseflow Management?

Caseflow management refers to the set of actions taken by a court to monitor and control the progress of cases, starting from their initiation to their final resolution, including all post-resolution work. It involves the collaboration of judges and court staff, often supported by publicly available written policies and procedures for lawyers and court users.

The implementation of caseflow management aims to achieve fair, just, cost-effective, and timely resolution of cases while safeguarding litigants’ rights. By efficiently managing the flow of cases, courts can uphold the principles of justice and protect the interests of all parties involved. Prompt case resolution also brings broader societal benefits, including reduced strain on the court system, minimized costs for all stakeholders, and enhanced public confidence in the justice system.

As well summarized in Reimagining Civil Case Management (NCSC, 2022):

Effective case management now recognizes the importance of five core components that are necessary to achieve timely, cost-effective, and procedurally fair justice: (1) triage to ensure that cases receive attention proportional to their needs; (2) process simplification to remove procedural barriers that unnecessarily complicate litigation; (3) stakeholder engagement to ensure clear communication about case management objectives at every stage of the litigation; (4) effective use of court staffing and technology resources; and (5) an ongoing commitment to data management and performance management (p. 3).  

What Is Family Triage? 

Triage (also referred to as Pathways) has been effectively used in both civil and family law cases. In family law cases, triage refers to the process of assessing the urgency and severity of a case to determine the appropriate course of action. This method involves identifying the most appropriate pathway for each case to offer families the required services and case management to achieve a prompt and efficient resolution.

Common elements applied in triaging family law cases include: 

1. Initial assessment: When a family law case is brought to the attention of the court or a legal aid organization, an initial assessment is conducted. This may involve gathering basic information about the case, such as the nature of the legal issue, any safety concerns, and the parties involved.
2. Identification of urgent cases: Triage aims to identify cases that require immediate attention due to their urgent nature. This includes situations involving domestic violence, child abuse, imminent danger, or emergency custody matters. These cases are given higher priority due to the potential risk to the individuals involved.
3. Gathering relevant information: A web-based guided interview, as well as triage personnel or legal professionals, collects additional details about the case to better understand the situation. This may involve interviewing the parties involved, reviewing relevant documents or evidence, and conducting assessments to measure the severity and urgency of the matter.
4. Assessing risks and safety concerns: A critical aspect of triage in family law cases is evaluating the risks and safety concerns associated with the situation. This includes considering factors such as physical or emotional harm to individuals involved, the presence of domestic violence, substance abuse issues, or any threats to the well-being of children or vulnerable parties.
5. Assessing case complexity: Triage can also identify those cases requiring very few judicial resources. Simple family law cases, such as those involving no risk/safety concerns, assets, debts, children, or areas of disagreement, present opportunities to streamline court procedure and serve individuals who desire an efficient and quick turnaround. This kind of process simplification benefits the court user and the entire system.
6. Determining appropriate interventions: Based on the information gathered during the triage process, a decision is made regarding the appropriate intervention or action required in each case. This could involve various options, such as providing immediate safety measures, referring the case to specialized services or programs, recommending mediation or counseling, initiating legal proceedings, or identifying how intensively a case is managed by the judge or court.
7. Prioritizing resources: Triage helps allocate limited resources, such as legal aid services, court time, judicial supervision, or social support programs to the cases that require them the most. By prioritizing urgent cases, the goal is to ensure that those in immediate need receive timely assistance.
8. Regular reassessment: Triage is an ongoing process, and cases may be reassessed periodically to account for changes in circumstances or new information that may affect the urgency or priority of a case. This ensures that resources remain appropriately allocated as the situation evolves. It is not uncommon for a case to change its “pathway” based on changed circumstances or new facts.

Specific triage processes and terminology vary depending on the jurisdiction, court system, or organization involved.

Benefits of Caseflow Management and Triage

Family law cases can be complex and emotionally draining. They often involve issues such as child custody, child support, divorce, and domestic violence. As these cases can be difficult to resolve, they often drag on for months or even years. Implementing caseflow management and triage methods offers benefits to better serve families to resolve their legal disputes.

Streamlined Process
Case management and triage systems offer a streamlined approach to family law cases. Through careful evaluation and categorization, these systems prioritize cases based on urgency, complexity, and other pertinent factors. This prioritization allows courts to efficiently allocate resources, manage their caseload, and ensure that cases progress through the legal process in a timely manner. By avoiding unnecessary delays and reducing administrative bottlenecks, case management and triage systems enhance access to justice for families in need.

Improved Efficiency
Family law cases often involve numerous hearings, filings, and documentation. A well-implemented case management and triage system helps streamline these processes, reducing duplication and unnecessary paperwork. It facilitates the collection and organization of essential information, ensuring that relevant documents are readily accessible to all parties involved. This enhanced efficiency not only saves time but also reduces costs associated with extensive document handling, photocopying, and postage.

Enhanced Communication and Collaboration
Family law cases involve multiple individuals, including the parties to the dispute, attorneys, social workers, and other professionals. Case management and triage systems create a framework for improved communication and collaboration among these stakeholders. Through centralized case files, electronic document sharing, and scheduling tools, all parties can access and share information securely and efficiently. This collaborative approach fosters a better understanding of the case, allows for the timely exchange of relevant information, and promotes the development of comprehensive and well-informed legal strategies.

Focused Resource Allocation
Family law cases often require the involvement of various professionals, such as psychologists, mediators, and child advocates. Case management and triage systems help allocate these resources effectively. By assessing the needs and priorities of each case, professionals can be assigned according to their specific expertise. This targeted resource allocation ensures that families receive the necessary support and services tailored to their unique circumstances. Moreover, it optimizes the use of limited resources, avoiding unnecessary expenses and delays.

Improved Case Outcomes
Efficient case management and triage systems have a direct impact on the outcomes of family law cases. By expediting the legal process and facilitating effective communication, these systems help reduce the emotional strain on families involved. Timely resolution of disputes, prompt decision-making on child custody matters, and streamlined processes for adoption proceedings can contribute to more satisfactory outcomes. The ability to address cases promptly and efficiently also reduces the overall emotional and financial burden on families, allowing them to move forward with their lives.

Part 2: Family Case Management and Triage Best Practices

Triage Best Practices

There are several key strategies and structures that can best support the implementation of family case management and triage. Vital to implementing triage approaches, courts should conduct community assessments to identify community needs, practices, and resources through strong collaboration and coordination with community partners (e.g., attorneys, advocacy groups, other professional groups, other stakeholders). As part of this assessment, jurisdictions are encouraged to foster a “no-wrong-door” approach by identifying court and community access points for addressing legal issues. Upon identification of these access points, courts should ensure that plain-language information is easily accessible at each of these access points. Information should be made available in as many formats as possible, such as online, print, in-person (e.g., help desk or self-help center), or by telephone. Courts must also facilitate access by offering the information in multiple languages. 

Self-represented parties report that personalized assistance is most helpful, so a concierge or navigator model of assistance is especially useful. It is not uncommon for parties to come to the courts with needs beyond what the courts can address. Using findings from community assessments, referrals to services, such as legal aid, a self-help center, advocacy, supervised visitation, or child support enforcement, among others, should be offered. Courts can train staff at court and community access points on how to provide personalized help so that parties can access legal processes and get the information, support, and personalized assistance they need.

When collecting information from court users, courts should establish helpful tools to facilitate parties’ engagement with the court system. For example, courts can help parties identify applicable information and forms. Courts can also provide automated document-assembly processes that guide parties through completing forms. In recent years, document assembly has been streamlined by allowing parties to complete and file forms online. Technology can also facilitate service of process by reducing obstacles for sending and receiving documents and increasing the likelihood of success. As part of the information courts provide to parties about court processes, courts should also explain that information provided by parties as part of the initial filing will become part of the continuing court record. They should be aware of how initial filings may impact confidentiality before submitting information to the court. 

Upon implementation of triage approaches, courts should allocate sufficient resources in the case’s early stages to promote accurate pathway assignments. Additional resources on the front-end of case processing can ensure less resources are needed later in the case. Further, some triage approaches can be incorporated as part of all court business. For example, a screening that flags for domestic violence issues can be helpful in small-claims cases, as well as in family law cases. To help streamline the process of assigning cases to various triage pathways (Streamlined vs. Tailored vs. Judicial/Specialized), courts can take advantage of innovative technology such as artificial intelligence and machine learning to foster efficiency by automatically identifying cases with factors that reliably indicate suitability for a streamlined pathway. Courts can also develop online triaging portals to support court users as their case is assessed to certain pathways, including ensuring parties are referred to appropriate resources.

Family Justice Initiative Pathways

The National Center for State Courts’ Family Justice Initiative Pathways provide a variety of best practices in family case management and triage. The following four triage pathways are recommended: Super Streamlined, Streamlined, Tailored, and Judicial/Specialized.

Super Streamlined cases need minimal judicial resources. These cases are straightforward; for instance, those without risk or safety issues, assets, debts, children, or areas of dispute. The Pathways approach recognizes that, in many jurisdictions, these cases can be resolved without a formal court hearing,

When specifically considering the Streamlined Pathway, courts assign cases that require little exercise of discretion, and it is usually appropriate to address the matter without a hearing. However, as situations may change during the case process, courts should also establish safeguards and exceptions to the standard process when appropriate (e.g., deviation from standard child support; option for motion to set aside a default or default judgment; and discretion to order a hearing to review a stipulated result that seems extremely one-sided, especially if indicators of coercion are present, such as a related protection order).

For Tailored cases, courts have found that cases are more successful (i.e., resolutions are more likely to meet the family’s needs) if parties are both engaged in the process and have an agreed outcome. As these cases typically do not have significant risk, courts can increase flexibility and efficiency for both the parties and the system by allowing parties to appear by telephone or videoconference and using online dispute resolution.

For cases that require the most judicial oversight (the Judicial/Specialized Pathway), courts can support both the judge and court users by establishing clear guidance on the appropriate role of the judge in cases with self-represented litigants, as well as by training judges on effective case management. Safety concerns can also be addressed by allowing remote attendance at court hearings and digital submission of evidence; this helps streamline some services in high-conflict cases by reducing failures to appear that may occur due to fear and complex life situations. As one may expect, the higher level of judicial oversight coincides with a larger amount of resource investment by the courts in these cases; however, investment of adequate resources for these cases will help ensure that the outcome meets the parties’ needs, thereby avoiding post-decree motions and reducing noncompliance.

Data Standards

Data standards are essential for case management and triage in family law cases. Data standards are “the rules by which data are described and recorded.”¹ They allow for the efficient and effective collection, storage, and analysis of data, which can help to improve the quality of decision-making and reduce costs. By using data standards and data analytics, organizations can make better decisions about how to manage and triage family law cases. This can lead to better outcomes for families and can help to reduce the risk of costly litigation. Additionally, by improving the efficiency of case management and triage, organizations can reduce the costs associated with these processes by reducing the amount of time and resources that are needed to collect, store, and analyze data. This makes data standards a valuable tool for case management and triage in family law cases.

NCSC’s National Open Court Data Standards (NODS) developed business and technical court data standards to support the creation, sharing, and integration of court data by ensuring a clear understanding of what court data represent and how court data can be shared. Data standards facilitate the sharing of data, increase transparency, provide for consistency in data interpretation, and allow for meaningful comparisons across data sets. Therefore, using a common data model ensures a shared understanding of the data that are used in case management and triage. This allows for the data to be easily shared and exchanged between different systems and organizations.

When implementing data standards, such as NODS, it is important to develop a data management plan to document how data will be collected, stored, and managed. This plan should be aligned with the organization’s overall business goals and objectives. Additionally, it is important to train staff on how to use data standards effectively. This training should cover topics such as the common data model, data formats, and data quality assurance.

Part 3: How to Operationalize Best Practices

Step 1: Analyze Existing Caseload and Current Business Processes

A critical aspect of improving caseflow management involves conducting a thorough analysis of the existing caseload and current business processes. By conducting a comprehensive analysis, courts can identify bottlenecks, streamline processes, allocate resources effectively, and leverage technology to enhance overall operations. This analysis encompasses reviewing performance measures, identifying sources of delays, and examining reports to assess compliance with established time frames. By comparing these time frames to established standards or benchmarks, courts can gauge the efficiency of their caseflow management. If cases consistently exceed the expected time frames, it may indicate underlying inefficiencies or backlogs within the court system.

To analyze the caseload effectively, start by gathering accurate and current data on the number and types of cases handled by the court. Courts can use this information to identify how long cases have been in the system, identify if hearing and trial dates are being scheduled and held within established time frames, and analyze how long it takes for a case to reach a final disposition. If the time is too long, it may indicate inefficiencies or backlogs. Cases exceeding the standard time frames may signal systemic issues that need to be addressed.

In addition to analyzing the overall time frames, it is crucial to examine the average processing time at each stage of the case life cycle. This involves tracking the time taken for specific activities, such as case assignment, document filing, scheduling hearings, and conducting trials. By doing so, courts can identify any outliers or areas of concern where cases tend to experience significant delays.

Identifying these outliers helps pinpoint systemic issues that require attention and improvement. For instance, if a specific stage consistently exhibits prolonged processing times, it may indicate a need for procedural changes, additional resources, or improved coordination among court personnel.

The next step is to map out the current business processes. Documenting and mapping the existing business processes is essential to identify inefficiencies and areas for improvement. Examining the progression of cases through the court system allows courts to identify bottlenecks, delays, and areas where the process can be streamlined. Bottlenecks can occur at various stages of the caseflow, such as case assignment, scheduling hearings, document filing, or the availability of judges. Mapping these processes helps pinpoint the specific points where cases tend to accumulate or stagnate, allowing for targeted interventions to alleviate congestion and enhance efficiency.

Mapping current processes involves creating a visual representation or flowchart that outlines the various stages and steps involved in handling a case from its initiation to its resolution. This includes tracking the key activities, decision points, and interactions between different stakeholders within the court system, such as judges, clerks, attorneys, and self-represented litigants.

By mapping out these processes, inefficiencies and bottlenecks can be easily identified. For example, it may become evident that certain types of cases consistently experience delays or that specific steps in the process take longer than necessary. This knowledge enables court administrators to focus their attention on these areas and devise strategies to streamline operations and reduce delays.

By conducting a comprehensive analysis of the caseload, courts can gain a clear understanding of the efficiency and effectiveness of their caseflow management. This data-driven approach allows for the identification of areas in need of improvement and the implementation of targeted strategies to address bottlenecks and reduce delays. Ultimately, this contributes to a more streamlined and responsive court system, ensuring that cases are handled in a timely manner and litigants’ access to justice is upheld.

Step 2: Identify Common Trends and Characteristics for Case Triage

Upon analysis of existing caseloads and current business processes, courts can then identify common trends and characteristics of cases to identify how case triage can be implemented. Further, courts may consider implementing triage for a variety of reasons, which can be used as lenses for identifying areas for improvement in case processing.

For example, triage may be considered as a strategy to streamline cases to improve court efficiency and timeliness of case processing. Thus, data analysis can focus on cases disposed within statutory time standards by identifying what these cases have in common. Are there similarities/differences by case type? By services ordered or referred? By hearing modality (e.g., in person only vs hybrid vs fully remote)? Are there any external factors that may impact timeliness (e.g., continuances or failures to appear due to transportation challenges, natural disasters)?

The Impact of services on case-processing efficiency can also be evaluated. For example, with tailored mediation, courts can analyze commonalities in cases referred to mediation, particularly those that resolve efficiently and effectively. Do case types, the involvement of other services, or other lifestyle/environmental factors potentially have an impact on the efficiency of case processing? 

Finally, courts must identify indicators that will show the effective use of the most resource-intensive pathway, Judicial/Specialized. When assessing cases that proceeded to trial, courts can identify commonalities for case types, lifestyle or environmental factors, and ordered services to help define which cases should use this pathway.

Court Highlight: Eleventh Judicial Circuit of Florida (Miami)
With a diverse population of 2.76 million residents, Miami-Dade County, Florida, relies on the Family Court Division of the 11th Judicial Circuit to adjudicate its domestic relations cases. The family division manages a caseload that averages 32,305 domestic relations filings per year, encompassing a wide spectrum of family matters from dissolution of marriage to paternity/parentage and adoptions.

The Eleventh Judicial Circuit’s Family Division collaborated with the National Center for State Courts (NCSC) to participate in a pilot project aimed at enhancing family case management efficiency, particularly focusing on Streamlined cases. To achieve this goal, the team used Family Justice Principles and Model Pathways to develop process maps, case characteristics, and innovative procedures that would aid in the early identification of Streamlined cases and cases requiring immediate attention.

The court developed and implemented a tool, the Super Streamlined Report, to enhance the efficiency of case reviews. The report identifies cases ready for dissolution, enabling the case managers to fast track eligible cases for judicial review.

A fundamental component of this new process was the identification of specific case characteristics that mark a case as eligible for the Super Streamlined process. This exercise involved a comprehensive analysis of various case types and their progression through the judicial system. The case managers played a crucial role during this process. Incorporating their insights and experiences has contributed to the overall success of this project.

The process began with a detailed analysis of all case types. The court reviewed case filing for each of these case types to identify unique case events that, when triggered, flag the case for potential expedited review. For example, in a Dissolution of Marriage case, the filing of an “Answer and Waive” signified that the case is eligible for the Super Streamlined Process. Similarly, Dissolution of Marriage with Children cases become eligible upon the filing of case events such as “Mediation Agreement” or “Mediator’s Report of Full Mediated Agreement” The below table outlines the complete list of case events per case type.

Court Highlight: Johnson County District Court (Olathe, Kansas)
The Johnson County District Court in Olathe, Kansas, determines which pathway is appropriate for a case by having litigants fill out a questionnaire incorporated into the filing process. These questions assess the specific needs and circumstances of the parties involved. The court met with many stakeholders, including judges, lawyers, and social workers, to figure out what questions needed to be asked of litigants at the outset to determine what pathway was appropriate for the case. The court uses an online platform to sort the family law cases into three pathways: Expedited (i.e., Streamlined), Specialized (i.e., Tailored), and Judicial (i.e., Judicial/Specialized). Expedited cases can be resolved quickly and require little intervention. Specialized cases need some intervention, whereas Judicial cases need close court scrutiny and intervention. This innovative triage process was implemented in April 2023 and has garnered positive feedback from judges, staff, and community service providers. Johnson County remains committed to evaluating the usability and efficiency of this process, aiming to further enhance its effectiveness in facilitating fair and timely resolution of cases.

Step 3: Develop Case Management Procedure/Process for Pathways and Case Review

The next step is to develop and document case management procedures incorporating the recommendations derived from the analysis phase, focusing on process redesign to eliminate bottlenecks and enhance efficiency. This can be completed by drafting a case management manual that provides step-by-step instructions for implementing process improvements, including automation of repetitive tasks, elimination of redundant steps, and the use of technology-driven solutions where appropriate.

When identifying the steps involved in case filing, document management, communication, and decision-making, the manual should include required documentation, data-entry procedures, and the use of electronic filing systems where applicable. Clear instructions and checklists can be provided to ensure consistency and accuracy in case filing.

Providing a structured approach to scheduling helps avoid unnecessary delays and ensures that court events are efficiently managed. Thus, the manual should also provide guidance on scheduling hearings, trials, and other court events, as well as factors to consider when assigning dates, such as case complexity, urgency, and resource availability. Guidelines for notifying involved parties, managing conflicts, and rescheduling when necessary should also be included.

Court Highlight: Eleventh Judicial Circuit of Florida (Miami)
As part of the ongoing initiative, the Eleventh Judicial Circuit developed a “Family Case Management Manual” to standardize the court’s approach to handling family law cases. The manual ensures uniformity in practices across the participating family court divisions and outlines the streamlined pathways for case management.

The manual consists of several sections. The initial sections set the foundation for case management by defining the expectations for case managers and the judges they support. It provides a comprehensive guide to the newly implemented streamlined procedures, establishes performance benchmarks in the “Expected Results” section, and outlines the roles and responsibilities of all court personnel involved in the “Roles” section.

Additionally, the manual includes a section on “Caseload Status and Program Success,” which presents six metrics for measuring performance. These metrics include the age of pending caseloads, both overall and by pathway; the time taken to resolve cases, both overall and by pathway; clearance rates; the duration of cases based on representation status (lawyer vs. self-represented) at the time of resolution; and compliance with time standards.

Furthermore, the manual highlights the importance of continuous monitoring of data quality and accuracy, particularly concerning the opening and closing dates of cases. It incorporates appendices containing all the referenced forms, report logic, and a checklist to assess readiness for final judgment by case type.

The implementation of this manual marks a significant transformation in the culture and operations of the participating divisions. The court deemed it essential to communicate to the judges and staff that these new processes are the first step in a larger initiative to incorporate a triage and pathways approach. This lays the foundation for future practices that may be enhanced by automation, allowing case managers and judges to focus on more complex, contentious, and sensitive cases, such as those involving domestic violence or other risks.

Step 4: Implementation and Review

Training
The next step is to develop a training curriculum that is tailored to the specific needs of the court, as well as case management and triage best practices. This curriculum should be based on the court’s caseload, resources, and goals. The curriculum should cover the purpose of case management and triage, the different types of cases and how to assess them for triage, the different case management options available, and how to track cases to ensure that they are moving forward.

Developed and taught by a team of experts with experience in case management and triage, the curriculum and training should be tailored to the specific needs of the court and should be updated regularly.

Data and Reports
The last step is to create a system for reviewing the implementation of case management and triage. The system should track the number of cases that have been triaged, the time it takes to resolve cases, and the satisfaction of court users with the case management process. The data from the review process can assist courts in continuous quality improvement for implementing case management and triage best practices. 

Data-quality-assurance processes help ensure that the data are accurate and complete, supporting reliable data and more informed decision-making. Then data-analytics tools can be used to identify trends and patterns in the data to help improve the understanding of the issues involved in family law cases and identify cases that are at risk of becoming more complex.

Future of Family Court Caseflow Management

The automation of family triage marks a new era in family caseflow management. By harnessing technology, courts can more efficiently connect families with needed services. The future of this sector is automation focused, efficient, and centered on family well-being.

Starting with a comprehensive data analysis in Johnson County, Kansas, the initiative was launched at the December 2022 eCourts conference, with court representatives from Nevada; Illinois; Miami-Dade County, Florida; and Johnson County, Kansas participating in a national “agile lab” to develop a transformative prototype.

Nevada was the flagship site, combining e-filing for protection order petitions with the automated triage process while considering adaptations for divorce interviews. This resulted in a prototype integrating family triage into Nevada’s guided interview and e-filing system, significantly improving case management and reducing judicial workload.

As demonstrated by the evolution of family law caseflow management and triage, the success of automation in family triage is set to extend nationwide to family law organizations and local courts. This transformation has created a team of experts who will be integral to this rollout, including promoting the model, providing services for families, and assisting courts with implementation.

For further information please visit The Cady Initiative for Family Justice Reform at www.ncsc.org/consulting-and-research/areas-of-expertise/children-and-families/the-cady-initiative-for-family-justice-reform.

ABOUT THE AUTHORS

Yanitza Madrigal, Rachel Buck, and Sarah Vandenberg Van Zee are court management consultants with Court Consulting Services, National Center for State Courts.

Alicia Davis is a principal court management consultant with Court Consulting Services, National Center for State Courts.

1. United States Geological Service, Data Standards (last visited Jan. 17, 2019).