Community Mediation

Evaluation of the Iowa Alternative Dispute Resolution Programs

Description
Comparative study of a court mediation program in “Mountain County”, Georgia, undertaken with an interest in examining the manner in which ADR programs interact with the civil justice system.

Method
Examined court records and program files for data on referral rates and patterns, trial rates, and time from filing to case closure as well as referral to case closure.

Sample Size
1400 non-mediated cases, 627 mediated cases

Program Variables
Referrals were mainly from the superior court, and mainly for domestic relations cases. Some referrals from the state court (which covers civil cases not under the jurisdiction of superior court). Mediators were assigned by the ADR program director. Mediators were both attorneys and non-attorneys with 20 hours training (more if family mediators).

Full Findings
34% of mediated cases settled through mediation, 68% settled without judicial disposition. In non-mediated cases, 59% settled. The trial rate was higher, however, for mediated cases (11.2% v 5.4%). Time to disposition was not affected by mediation. As referral rates never exceeded 6%, there was negligible impact on the court’s workload.

Long-Term Success in Mediation

Description
Examined the antecedents of long-term success (see “Findings” for a definition of long-term success) in community mediation, focusing on features of the agreement and features of the process.

Method
Seventy-three mediation sessions at a community mediation center in Buffalo were recorded and analyzed. The participants were interviewed immediately after mediation and 4-8 months later.

Sample Size
73 mediated cases

Program Variables
Not given

Full Findings
There were agreements in 63 of the 73 cases. Long-term compliance with the agreement by the other party was reported by 59% of complainants and 62% of respondents. 76% of complainants and respondents said no new problems had developed. An equal number of parties said their relationship with the other party was pleasant as those who said it was unpleasant. Compliance was related to relationship quality and new problems, and relationship quality was related to new problems. Short-term success, as measured by “the extent to which they solved immediate problems,” was not linked to long-term success, measured in this study as compliance, improved relations between the parties and the absence of new problems.

Mediation of Interpersonal Disputes: An Evaluation of North Carolina's Programs

Description
Evaluation of the mediation of misdemeanor cases in community mediation programs in Durham, Henderson, and Iredell Counties.

Method
Compared three counties with programs to three corresponding counties without programs. Examined all cases that were eligible for mediation in both program and non-program counties. Data was gathered from court records, mediation program records, and phone interviews of complainants (1 month and 6-10 months after court disposition).

Sample Size
237 of 810 complainants contacted from all six counties were interviewed. Data was collected from 1421 court cases and 544 cases selected for mediation.

Program Variables
Voluntary, free program mediated by volunteers.

Full Findings
Disposition time for all cases increased in two of three program counties and stayed the same in the third. The trial rate was not affected in two of three program counties and decreased in the third. There was a high rate of satisfaction over all with both mediation and litigation. There was also a high rate of compliance with both mediated and informal agreements.

Complainant satisfaction with the case was negatively related to his or her commitment to solving the problem. Complainant satisfaction with the outcome was negatively related to the amount of money he or she spent prosecuting the defendant and was positively related to reaching agreement.

Neighborhood Justice Centers Field Test: Final Evaluation Report

Description
Study of the first 15 months of pilot community mediation programs in Atlanta, Kansas City, and Venice/Mar Vista, California. The study sought to determine the efficacy of these programs in terms of the impact on the disputants, the courts, and the community.

Method
File data and interviews with at least one party in 1301 cases about 6 months after contact with the Neighborhood Justice Center - with both those who mediated their dispute and those who did not.

Sample Size
1301 of 2990 (44%) cases handled by the three NJCs. 149 of 2501 cases originally tracked for processing data were tracked to final disposition. The 2501 cases were culled from a total of 8040 cases filed.

Program Variables
Voluntary programs mediated mainly off-site by volunteers. Referrals were from police and court clerks at the time of filing, and from judges at the time of trial. The programs had just been established when the study began.

Full Findings
35% of all cases referred went to mediation, of which 82% ended in agreement. This was an overall agreement rate of 45% for all cases referred. Time to disposition was significantly lower for cases that were mediated than for those that were not.

84% of mediation participants were satisfied with the process, 33-42% of those who adjudicated their case were. 86% of mediation participants were satisfied with the agreement; 33% of those who went through adjudication were satisfied with the outcome.

69-90% of those who mediated reported the other party complied with the agreement. 70% of those who went to trial reported that the dispute was resolved.