Is Satisfaction Success? Evaluating Public Participation in Regulatory Policymaking

THE PROMISE AND PERFORMANCE OF ENVIRONMENTAL CONFLICT RESOLUTION, Rosemary O'Leary & Lisa Bingham eds., 2003

KSG Working Paper No. RWP02-038

27 Pages Posted: 22 Sep 2002 Last revised: 12 Feb 2012

Cary Coglianese

University of Pennsylvania Law School

Date Written: September 1, 2002

Abstract

Researchers who evaluate ordinary dispute resolution procedures understandably ask whether disputants are eventually satisfied with the resulting outcomes. But how should they evaluate techniques for involving the public in regulatory policymaking, i.e., techniques such as comment solicitation, public hearings, workshops, dialogue groups, advisory committees, and negotiated rulemaking processes? Researchers evaluating these various techniques have also typically used participant satisfaction as a key evaluative criterion. While this criterion may seem suitable for evaluating private dispute resolution techniques, those who disagree in policy-making processes are not disputants in the same sense that landlords and tenants, creditors and debtors, or tortfeasors and victims are disputants in private life. Disputes in regulatory policymaking arise over public policy, not over private grievances. This paper raises caution about using participant satisfaction, or other measures based on participants' attitudes and opinions, in evaluating dispute resolution and public participation in regulatory policymaking. It argues that a reliance on participant satisfaction encounters two conceptual limitations, namely that (a) participant satisfaction does not necessarily equate with good public policy and (b) participant satisfaction is at best an incomplete measure because it excludes those who do not participate. In addition, the paper outlines a series of problems in applying, measuring, and interpreting participant satisfaction that make it a problematic metric for evaluating public participation in regulatory processes. In light of the conceptual and measurement problems with relying on satisfaction, evaluation researchers should resist relying on participant surveys to evaluate public participation techniques, and instead should focus attention directly on the effectiveness, efficiency, and equity of the decisions that result from different forms of public participation.

Keywords: Regulatory Policymaking, Negotiation, Public Participation, Evaluation, Administrative Law

JEL Classification: K20, L50

Suggested Citation

Coglianese, Cary, Is Satisfaction Success? Evaluating Public Participation in Regulatory Policymaking (September 1, 2002). THE PROMISE AND PERFORMANCE OF ENVIRONMENTAL CONFLICT RESOLUTION, Rosemary O'Leary & Lisa Bingham eds., 2003; KSG Working Paper No. RWP02-038. Available at SSRN: https://ssrn.com/abstract=331420 or http://dx.doi.org/10.2139/ssrn.331420

Cary Coglianese (Contact Author)

University of Pennsylvania Law School ( email )

3501 Sansom Street
Philadelphia, PA 19104
United States
215-898-6867 (Phone)

HOME PAGE: http://www.law.upenn.edu/coglianese

Paper statistics

Downloads
895
Rank
19,891
Abstract Views
5,221