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What are the parties looking for when they receive a decision?
When the parties receive a decision the first thing they look for is the finding or conclusion of the tribunal. If the finding is contained in the last paragraph of your decision this is where the parties will flip to. Typically, only after reading your conclusion will the parties go back and read the decision from start to finish. If this is what the reader needs from the tribunal’s decision – how can you re-work your written decisions to be more reader friendly?
Putting your findings or conclusions ‘up front’ is a technique recommended as a decision writing best practice. Some writers call this ‘front end loading’ your decision. Your decision would then go on to provide the context for your conclusion by reviewing the applicable legislation, a summary of the evidence, and your reasons or analysis. Another term for this technique is “BLUF” which stands for Bottom Line Up Front. The BLUF concept was developed in the military as a way of communicating the main message in the first sentence.
BLUF means your written decision will start with a short one paragraph decision summary that sets out the issue you were called upon to decide and how you decided the issue. This provides the reader with the most important information first. If the reader knows where your decision is heading, studies have shown that readers are better able to understand your decision as a whole.
In first drafts, your main point often lives at the end — you write your way toward it. When you revise, pull that concluding sentence to the top. BLUF takes effort. Resist the urge to build up to your conclusion or soften your message with a preamble. This effort will pay off for the parties who read your decisions.
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Consider the following example of what a ‘front end loaded’ decision could look like:
“We were asked to decide whether the licensee breached section 23(2) of the Act giving rise to conduct deserving of sanction. We have concluded that that the evidence supports a finding of conduct deserving of sanction. The complaint will proceed to a Phase II hearing to determine sanctions under section 41.”
question
Are there other changes you could make to your written decisions to make them more user friendly?
Eye on Regulation is RMRF’s monthly newsletter for the professional regulatory community. Each month we offer:
- A Case: a brief summary of a recent and relevant case;
- Our Two Cents for Free: practical insight inspired by the files on our desks right now; and
- A Question: something to get you thinking about ways to enhance your work.
This newsletter is for information only and does not constitute legal advice.
