Description of Study: Examination of impact of mediation on litigant cost, court cost, and satisfaction with the judicial process in California appellate court.

Method: Examined data on resolution, asked attorneys to estimate cost differences caused by mediation, and asked litigants and attorneys their perspective on the mediation process.

Comparative: No

Comparison Groups: Cases mediated in counties with programs and cases from counties without programs

Sample Size: 1,328 appeals, of which 288 were submitted to the program

Variables Examined: Settlement rate, estimated cost differences, satisfaction and perception of fairness

Program Variables: The program administrator selected cases for mediation; however, parties could request mediation as well. Mediation occurred as soon as possible after the filing of the notice of appeal. The mediation coordinator controlled scheduling. Mediators were attorneys, retired judges and justices, and professional mediators. The court provided training in appellate mediation. The program administrator assigned the mediator, but parties could agree to an alternate mediator.

Case types: Business, Civil, Employment, Family, Probate, Real Estate/Property

Findings: The resolution rate was 43.2% (94/213) full settlement, with another 0.1% (4/213) partial. This compares to 32% of non-mediated cases that settled before judicial involvement. Family law and probate cases were most likely to settle. Attorneys estimated savings of $76,298 per case if it settled in mediation, but an increase of $7444 per case if it did not. This is an overall estimated savings for all mediated cases of $6,231,358. There were high levels of satisfaction with the process and with the fairness of the process. Satisfaction was lower for outcomes.