Description of Study: Comparative study looking at satisfaction and the impact of mediation on the court's time in small claims courts in Portland, Oregon; Washington, D.C.; and Des Moines, Iowa.
Method: Examined court records, surveyed a small sample of litigants who mediated and those who did not.
Comparative: Yes
Comparison Groups: Those who participated in mediation, those who went to trial
Sample Size: 167 litigants who mediated, 45 who did not
Variables Examined: Satisfaction and perception of fairness of the parties, time cost to the court
Program Variables: Mediation was mandatory in Washington, D.C. and Portland, Oregon (unless witnesses were involved); mediation was voluntary in Des Moines. Mediators in Portland and Des Moines were volunteers; those in Washington were paid $30 per case. Mediators in Washington received 40 hours of training and were observed for 3-5 mediations. Those in Portland received 32 hours of training and were observed for 3 sessions. In Des Moines, the mediators were initially four retired businessmen who received no training. After 3 years, 20 hours of training was provided. Mediations average 60 minutes in Washington, 65-75 minutes in Portland. The session length was not provided for Des Moines.
Case types: Small Claims
Findings: Satisfaction with the outcome was higher for mediated cases in Washington and Portland; it was the same in Des Moines. Satisfaction with the process was higher for mediated cases in Washington, the same in Portland, and lower in Des Moines. The author estimated that each case settled saved 30-45 minutes of judge time. In both Washington and Des Moines more than 1000 cases were settled in mediation in 1990.