Description of Study: Examined domestic relations mediation in thirteen courts in Maine and six courts in Ohio in relation to fairness and satisfaction.
Method: Maine: Participants (parties, attorneys, and mediators) were asked to fill out a survey at end of the first mediation session, which was not necessarily the final session.
Ohio: Parties, attorneys, and mediators completed an evaluation at the end of the final mediation session.
Comparative: No
Sample Size: Maine:28 mediators, 951 (71%) attorneys, and 933 parties (59%) in 789 cases
Ohio:38 mediators, 92 attorneys (34%), and 193 parties (62%) in 154 cases
Variables Examined: Attitudes of parties and attorneys regarding time, cost, fairness of the process, satisfaction with the outcome
Program Variables: Mandatory program in Maine, with a fee of $120, $50 of which was paid to mediators who served as independent contractors. Attorneys attended the sessions. Mediators averaged 106 hours of training, 300 mediations, and 9 years of experience. The programs studied in Ohio varied between voluntary and mandatory, staff-mediated and independent contractor, and as to the fee paid. Attorneys did not attend the sessions. Mediators averaged 56 hours of training and 10 mediations. In addition, they had 12 years of experience working with families.
Case types: Divorce-General, Domestic Relations, Family
Findings: Maine:Parties overall perceived the process to be fair (93% thought it was very or somewhat fair). Most parties were satisfied – 83% were very or somewhat satisfied. There was little sense by parties that mediation reduced costs (15%) or time involvement (23%). Attorneys thought it reduced time and costs (about 66% for each) and 86% thought mediation was fair.
Ohio:There was an overall perception of fairness of the process (66%) and satisfaction with the outcome (70%). There was little sense by the parties that mediation reduced their costs (32%) or time involvement (22%).