Evaluation of the Use of Mandatory Divorce Mediation

Thoennes, Nancy; Pearson, Jessica; Bell, Julie. Sep. 30, 1991

A study was conducted between 1988 and 1989 of a mandatory pilot program for divorce cases in Monroe County, Indiana. The study randomly assigned cases to mediation or the traditional track. 124 parents were interviewed after completing the process and legal experts examined 160 agreements, 80 from each group.

The study found that 42% of parents in mediation said they would use it again. 27% said it should be a mandatory process. Key complaints were not feeling listened to, feeling pressured to resolve the dispute, resenting being ordered to mediate, and feeling the mediator was unskilled. Half of those who mediated reached full settlement; 9% reached partial agreement. Mediated agreements showed some differences from those reached by other means. Child support tended to be slightly lower, custody was more likely to be joint, and visitation agreements were more specific.

Description of Study: Examination of settlement and party perception of mediation.

Method: Random assignment to mediation or to traditional path. Examination of court files for cases in both groups. Structured interviews with mothers and fathers in both groups. Expert analysis of agreements reached with and without benefit of mediation.

Comparative: Yes

Sample Size: Court files: 352 mediated cases, 331 control group cases. Interviews: 124 combined in both groups. Agreements: 80 from each group.

Variables Examined: Perception of mediation, satisfaction, settlement, agreements

Program Variables: Mandatory pilot program in Monroe County, Indiana. Half of mediations were conducted by a single mediator, half by team of staff member and attorney trained in mediation. Mediations completed in one session.

Findings: 42% of parents in mediation said they would use it again. 27% said it should be a mandatory process. Key complaints were not feeling listened to, feeling pressured to resolve the dispute, resenting being ordered to mediate, and feeling the mediator was unskilled. Half of those who mediated reached full settlement; 9% reached partial agreement. Mediated agreements showed some differences from those reached by other means. Child support tended to be slightly lower, custody was more likely to be joint, and visitation agreements were more specific.