The author reports on the findings of two studies of three custody and visitation mediation programs and one divorce mediation program that included support and property division as well: the Winnipeg Study and the Divorce and Family Mediation Study (Montreal, Saskatoon, St. John's).
Across sites, 80% to 90% of respondents felt the mediator was fair; 16% felt pressured into an agreement before they were ready. The settlement rate in the Winnipeg Study was 65% per the mediators, 46% per the parties. The settlement rate in the DFMS Study was 49% full and 15% partial per court records, 38% full and 20% partial per the parties.
The DFMS Study found that the average support agreed to in mediated cases was $430/month for mediated cases, as compared to $332 in non-mediated cases. The difference was greatest in Montreal (28% when controlled for income) and Saskatoon (11% when controlled for income). There was no evidence that mediation had an impact on compliance except in Montreal, where 97% of women who mediated reported compliance as compared to 66% of women who did not mediate. Re-litigation data was available only for Montreal, where 18% of cases returned to court, of which 97% were not mediated. Custody: sole custody to mother was less likely in mediated cases (54.7% v 79.4%).
Legal costs were higher for parties who mediated, except in Montreal, in which they were slightly lower. Time to case closure was longer for non-mediated cases. The greatest difference was seen in Montreal, in which uncontested divorce cases closed 7 weeks sooner and contested divorce cases closed 23 weeks sooner.
The author concludes that Montreal's better results suggest that mediation is more effective if it doesn't have to compete with the need to provide information, intake, short-term crisis counseling and evaluation; mediators are free to mediate financial issues; and there is a deliberate and structured approach to mediation.
Description of Study: Reports on the findings of two studies of three custody and visitation mediation programs and one divorce mediation program that included support and property division as well: the Winnipeg Study, and the Divorce and Family Mediation Study (Montreal, Saskatoon, St. John’s).
Method: Winnipeg Study: administered questionnaires to participants entering mediation between November 1985 and April 1986; conducted telephone interviews 3-4 months post-mediation; examined client files, intake sheets, court files, and archival data from petitions filed in 1983. DFMS Study: analyzed court records on recently filed separation and divorce cases; conducted interviews with former spouses from these cases six months after the case settled.
Comparative: No
Comparison Groups: Those couples who used mediation and those who did not
Sample Size: Winnipeg Study: questionnaires administered to 282 participants, interviews with 138 participants; DFMS Study: data collected on 1773 court files (363 in which mediation was used), 905 parties interviewed (324 of whom participated in mediation).
Variables Examined: Satisfaction, resolution rate (both studies); outcomes, compliance, relitigation, legal fees, time to case closure (DFMS Study only)
Program Variables: All programs were voluntary. Winnipeg, Saskatoon, and St. John’s: mediators were staff who also conducted custody evaluations (but not of same cases). Montreal: court referred cases to a mediation service. Mediation in general was facilitative to therapeutic.
Findings: Across sites, 80% to 90% of respondents felt the mediator was fair; 16% felt pressured into an agreement before they were ready. The settlement rate in the Winnipeg Study was 65% per the mediators, 46% per the parties. The settlement rate in the DFMS Study was49% full and 15% partial per court records, 38% full and 20% partial per the parties.
The DFMS Study found that the average support agreed to in mediated cases was $430/month for mediated cases, as compared to $332 in non-mediated cases. The difference was greatest in Montreal (28% when controlled for income) and Saskatoon (11% when controlled for income). There was no evidence that mediation had an impact on compliance except in Montreal, where 97% of women who mediated reported compliance as compared to 66% of women who did not mediate. Relitigation data was available only for Montreal, where 18% of cases returned to court, of which 97% were not mediated. Custody: sole custody to mother was less likely in mediated cases (54.7% v 79.4%).
Legal costs were higher for parties who mediated, except in Montreal, in which they were slightly lower. Time to case closure was longer for non-mediated cases. The greatest difference was seen in Montreal, in which uncontested divorce cases closed 7 weeks sooner and contested divorce cases closed 23 weeks sooner.