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Court-Based Mediation of Civil Cases: An Evaluation of the Ontario Court (General Division) ADR Centre

MacFarlane, Julie. University of Windsor, Jan. 1, 1995

Description of Study: Evaluation of pilot mandatory civil mediation program in Ottawa.

Method: Questionnaires were sent to lawyers and parties, interviews from matched and then randomly selected cases, examination of court records to compare settlement and disposition patterns of cases that went to mediation and those that did not.

Comparative: Yes

Comparison Groups: Cases randomly selected from a group that had been referred to the ADR Centre and from a group that was not

Sample Size: 437 lawyers and 268 parties completed questionnaires; 143 interviews were conducted (61 lawyers and 19 litigants from mediated cases, 51 lawyers and 12 litigants from non-mediated cases). 1460 cases referred to mediation and a matched group of cases not referred were compared on settlement and disposition patterns.

Variables Examined: Time to disposition, cost, perceived fairness of the process, satisfaction with the process

Program Variables: Voluntary, free program mediated by staff. The program was newly in place at the beginning of the study.

Case types: Civil

Findings: Lawyers and parties thought processing time was shorter for mediated cases, a perception that was affirmed through court records. Attorneys reported lower fees for mediated cases (43.7% estimated a savings of $1000-$5000). Lawyers and parties thought the process was fair and were satisfied with the process. Those who settled were more likely to be satisfied with mediation.

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