Description of Study: Annual evaluation of child protection mediation program in 12 judicial districts (11 in 2008). 2008 evaluation report includes a comparative study of cases opened between April 1, 2004 and March 31, 2005.

Method: Quantitative data obtained from records submitted by mediators. Family feedback forms were collected by mediators at the end of mediation. Professionals were sent an invitation by email (or by mail if the email address was unknown) to complete an online survey. The professionals’ survey asked about all mediations over the past year. For the comparative study portion, cases that were mediated were matched to cases that were not mediated.

Comparative: Yes

Comparison Groups: Cases that were mediated were matched to similar cases that were not mediated.

Sample Size: 525 mediations, 564 family feedback forms (number of mediations these represent is not stated), and 108 professional feedback forms (of 248 distributed) in 2008; 589 mediations, 539 family feedback forms from 280 mediations, and 126 professional feedback forms in 2009; 582 mediations, 519 family feedback forms from 272 mediations, and 69 professional feedback forms in 2008. 

For comparative study of 2004-2005 cases, 121 mediated cases were matched to 121 non-mediated cases.

Variables Examined: Participant experience with the mediation, settlement of issues, time spent in hearings, time to permanency, type of permanency for the children

Program Variables: Mediation occurs at every stage of the case, but is more likely to be mediated later: just over half of mediations take place in the pre-adjudicatory stage, while a small percentage takes place very soon after petition. Mediations average 1.5 hours in duration. Generally, referral to mediation is on a case-by-case basis, but some courts order all cases in particular stages (e.g., pre-adjudicatory or permanency) to mediation and allow parties to opt-out.

Case types: Child Protection and Dependency

Findings: Participants were generally positive about their participation in mediation. In 2008, 89% of family members and 88% of professionals stated they were able to discuss what was important to them. In the same year, 95% of family members and 92% of professionals believed the mediation was fair. In 2008-2009, 90%-91% of family members and 77%-84% of professionals said they would participate in mediation again.   

In 2008, the issues most often settled in mediation were services for the children (78% full, 93% overall) and the parents (75%), followed by visitation (68%). The issues least often settled were termination of parental rights (30%) and change of permanency plan (21%). In 2009 and 2010, exact percentages were not provided, but the trend was the same, with the exception that relinquishment and guardianship were noted as being two of the issues least often settled, along with termination of parental rights and change of permanency plan.

For the comparative study, the mediated cases averaged 25 minutes in post-mediation hearings, while non-mediated cases averaged 43 minutes in comparable hearings. There was no difference in parental compliance. Mediated cases took longer to reach permanency (23 months v 18 months). When mediation occurred, children were more likely to be reunified with their biological parents.

Comments: 

The stage at which mediation occurred had a significant impact on the probability of settlement for particular issues. Mediation most often occurred at the pre-adjudication stage, but agreement was less likely at this stage than at other stages. Issues discussed prior to the 10-day hearing were more likely to be settled than at other stages.