Family

Alaska's Adult Guardianship Mediation Project Evaluation

Description
Evaluation of the outcomes of the first three years of a statewide program.

Method
Examined court data and post-mediation surveys of participants.

Sample Size
103 mediations and 260 participants and parties

Program Variables
New voluntary program. The program contracted with private mediators who had been trained in adult guardianship mediation and completed a mentorship. Services were provided at no charge to the participants. The program used the facilitative, problem-solving model of mediation. Half of the mediations were scheduled just after the petition was first filed. The other half were scheduled when guardianship had been in place for “some time”. 46% of the mediations were completed in one session. Another 36% were completed in 2 or 3. Time in mediation ranged from 30 to 1,200 minutes. The mean was 4 hours 48 minutes.

Full Findings
87% of mediations ended in agreement. Issues most likely to be settled were: whether a guardian was needed and who it should be (86%); level of care needed (88%); living arrangements for the adult (90%); and how decisions should be made (83%). Least likely to reach agreement were issues surrounding how the family should deal with conflict (59%). 91% of participants were satisfied with the agreement. Almost all would recommend mediation to others. Data suggests that mediation reduced the number of contested hearings by 80 or 90 over the three year study period. Each referral cost an average of $1,380.

Final Report of the Evaluation of the Pilot Program for Mediation of Economic Aspects of Family Law Cases

Description
Evaluation of a pilot mandatory mediation program for economic aspects of family law cases.

Method
Cases referred to mandatory mediation were tracked through case files to determine settlement, time in mediation. Court records of a sample of 150 cases were examined for time to disposition and post-judgment motions.

Sample Size
1,144 mediated cases

Program Variables
Mandatory program in which most cases were mediated after full discovery was completed. The first 3 hours were provided free of charge, after which parties were required to pay.

Full Findings
66% of cases referred to mediation resulted in full or partial agreement. Another 12% were settled prior to mediation. The average time in mediation was 4 hours 55 minutes, with mediator prep time averaging another 1 hour 10 minutes. Just over half (51.4%) took more than the 3 hours provided without charge. A sample of 150 cases was examined for time to disposition and number of post-judgment motions. Those cases that settled in mediation were resolved on average 3 months sooner than those that did not settle in mediation. The 75 cases that settled in mediation led to 34 total post-judgment motions over a two-year period, while the 75 that did not settle led to 104 post-judgment motions.

Participant Satisfaction Survey of Court-Connected ADR Programs

Description
A survey of participants in 15 civil mediation programs throughout Georgia, which included a large number of family cases.

Method
Surveys were either given to participants at the end of the mediation session or mailed to them after all sessions were completed.

Sample Size
70% of all cases mediated in five court programs from May to November 1999. This included 550 litigants and 331 attorneys.

Program Variables
The programs were largely voluntary, but mediation could be mandated by the court. Mediators were paid by the parties for their services.

Full Findings
Participants did not feel that they spent less time litigating their case if they went to mediation. They also felt they were spending more money by doing so, but they were over all satisfied with the process and outcome. They were more satisfied if they chose their own mediator.

A Study of Domestic Mediation Outcomes with Indigent Parents

Description
Comparison of outcomes and settlement rates for mediation with indigent couples to those for mediation with non-indigent couples.

Method
Compared samples on the basis of age of parents, age of children, marital status, average number of mediation hours per case, type of case and number of court-ordered mediations versus voluntary ones.

Sample Size
29 cases

Program Variables
None given

Full Findings
No significant difference in mediation outcome was found based on case type (divorce or paternity). No difference in settlement rate was found based on length of time from filing to mediation. Domestic relations mediation with indigent clients was found to be equally as effective as with non-indigent clients.

Timing Is Everything — The Appropriate Timing of Case Referrals to Mediation: A Comparative Study of Two Courts

Description
Comparison of the early intervention divorce mediation program in James City County, VA, to a post-initial hearing mediation program in York County, VA.

Method
Studied court records for all contested custody and visitation cases filed between September 1999 and August 2000.

Sample Size
176 cases in James City County and 262 cases in York County

Program Variables
James City County: Mediation was initially free, but later was for-fee. All cases were referred at filing to an orientation at which they learned about the effects of conflict on children and they met with a mediator for a domestic violence screening and information session on mediation; mediation was voluntary thereafter. Parents wanting to mediate were assigned a mediator and a mediation date at the orientation. The program was in place less than one year before study commencement. York County: On the day of the preliminary hearing, a court liaison from Social Services who recommended some cases for mediation. Judges generally followed the recommendation and ordered mediation. Those parents ordered to mediation attended an orientation session and then mediation. Parents were charged based on income.

Full Findings
The median number of days in James City County from petition for custody to final order for mediated cases was 48 days; in York County the median was 92 days. James City County averaged fewer court hearings per case and fewer mediation sessions per case. Settlement was reached in 72.4% of mediated cases in James City County and in 39.5% of cases in York County.

Child Custody Mediation and Litigation: Custody, Contact, and Coparenting 12 Years After Initial Dispute Resolution

Description
Twelve-year follow-up to Charlottesville Mediation Project Study (see above), that looked at the long-term effect of random assignment to mediation on family relationships, psychological adjustment of the parents, changes to agreements after settlement or case closure, and satisfaction over twelve years.

Method
Cases were randomly assigned to mediation or to traditional settlement. Examined court records for changes to agreements. Surveyed participants for family relationship and psychological adjustment information.

Sample Size
27 mothers and 25 fathers who mediated, 25 mothers and 23 fathers who did not mediate

Program Variables
Mandatory mediation offered free to participants at the courthouse. Mediation was a combination of problem solving and therapeutic mediation.

Full Findings
Parents who mediated made more changes to their agreement over twelve years – 1.4 v 0.3. Party satisfaction remained higher for the mediation group after twelve years than for the non-mediation group, particularly among fathers, but satisfaction had declined for both groups. Mediation led to greater contact between non-residential parents and children (30% of mediation group parents saw children 1/week or more, compared to 9% for the non-mediation group; 39% of non-residential parents in the non-mediation group saw their children one time or less in the last year as compared to 15% of mediation parents). Non-residential parents in the mediation group were significantly more likely to discuss problems with residential parents, and were significantly more likely to be involved in childrearing decisions. No difference twelve years later in the mental health of children and parents. (See above for previous findings on settlement rates, time to case closure, and compliance).

Multi-Option ADR Project Evaluation Report — July 1999-March 2000

Description
Study of type of disposition, settlement rate, session length, and satisfaction for a multi-door ADR project.

Method
A survey was sent to 600 ADR participants to determine case status and satisfaction with the selected disposition process.

Sample Size
208 questionnaires returned of 600 mailed for cases referred between July 1999 and March 2000

Program Variables
Program was begun in 1996. The options included a for-fee civil and probate mediation program, a for-fee family law mediation program, a free small claims mediation program, a free judicial arbitration program, and a free juvenile dependency mediation program. Roster mediators in for-fee options were paid by the parties. The program was voluntary; parties selected an ADR process and the neutral during the case management phase (which begins 120 days after filing).

Full Findings
Survey responses indicated that 64% of cases filed participated in some form of ADR. Of those, 65% settled or partly settled in the ADR session. The most utilized method of ADR was mediation; 88% of those who reported using ADR participated in mediation. Another 6% used private settlement, 3% used early neutral evaluation, and 2% used arbitration. Most cases participated in ADR after some discovery had been conducted. Of those who responded, 76% thought that ADR reduced court time. They also overwhelmingly thought the process was fair.

The family law program had just begun at the time of the evaluation; no data had yet been collected except resolution rate, which stood at 70%. Surveys of those involved in small claims mediation showed that 48% settled in mediation; nevertheless, 91% believed mediation was a positive experience.

The Child Custody and Visitation Mediation Program in North Carolina

Description
Comparative study looking at trial rate and satisfaction in custody and visitation cases.

Method
Examined data from court records in two mediation program samples and two non-program samples. Surveyed parents in the same two program samples and one of the non-program samples three years after their cases were closed. An exit survey of parties was conducted immediately following their mediation session in 17 mediation program districts. Attorneys practicing family law in the same 17 districts were surveyed for their perspective on mediation in general.

Sample Size
Immediately after mediation: 310 parties and 273 attorneys. Three years after case closed: 293 parents. Data from court records of 880 cases (approximately 12% of the total).

Program Variables
Mandatory for contested custody and visitation disputes in pre-decree cases, by referral in post-decree cases. Individual jurisdictions differed as to whether court or attorney had control over when cases went to mediation. In court-controlled jurisdictions, cases were ordered to mediation between 45 and 60 days after filing. In attorney-controlled jurisdictions, attorneys had more input as to when mediation would occur. Program had been in place 9 years at the time of study. The mediation style was reported to be facilitative.

Full Findings
No difference was found in median time to disposition between mediated and non-mediated cases (which ranged from 4.9 to 6.9 months); there was no effect on trial rate; no difference was found in parties’ long-term satisfaction with the outcome between mediated and non-mediated cases; long-term satisfaction with the process was greater for those who settled in mediation than for those who did not or who did not participate in mediation. 73% of attorneys who were surveyed said mediation reduced their clients’ costs; another 76% indicated it reduced the amount of time they spent on a case.

Early Intervention Mediation: The Use of Court Ordered Mediation in the Initial Stages of Divorce Litigation to Resolve Parenting Issues

Description
Study of 15-month pilot project in Hamilton County, Ohio, to test the efficacy of the early introduction of mediation to resolve parenting issues in divorce cases.

Method
Random assignment of 50% of divorcing parents to attend mediation 6 weeks after filing for divorce. The other 50% followed existing procedures. Satisfaction surveys were given to all couples with children. Of these, 428 surveys were returned - 144 from the mediation group, 284 from the control group.

Sample Size
All 178 cases ordered to mediation. For satisfaction: 428 parents responded – 144 from the mediation group, 284 from the control group (38% response rate). For time to disposition: 88 mediated cases and 44 cases referred to custody investigation. Overall case activity – 389 participating magistrates’ cases (the mediation group) and 395 non-participating magistrates’ cases (the control group).

Program Variables
Mandatory mediation conducted by part-time contractual mediators without charge to the parties. Sessions were approximately 2 hours long. The study began at the program's outset and continued for 15 months.

Full Findings
No significant difference was found in time to disposition; mediated cases on average were disposed of 2 months faster than those undergoing custody evaluations (which included 5.3% of the control group). There was no significant difference in case activity (including mediation sessions); although the control group had a significantly higher average of custody conferences and a higher average of custody trials, the number of mediations was significantly higher for the mediation group.

Parties in the control group were significantly more likely to be satisfied with the outcome than those in the mediation group, and to have a slightly greater sense of fairness of the process. Those in the mediation group had a slightly better attitude regarding the cost of resolving their dispute and the amount of time it took. Those in the mediation group were also more likely to say that their relationship with their former spouse improved, but those in the control group were slightly more apt to say the situation improved for their children.

Trapping the Data: An Assessment of Domestic Relations Mediation in Maine and Ohio Courts

Description
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.

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

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.

Full 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%).

Satisfaction with Custody Mediation: Results from the York County Custody Mediation Program

Description
Examined the long-term satisfaction of mediating couples in York County, PA.

Method
A mediation profile was completed by mediators at the end of the mediation process. At the end of each mediation session, parties and mediators filled out a feedback form. A mediation follow-up form was sent out to parties 6-9 months after mediation.

Sample Size
301 litigants from 169 cases

Program Variables
Mandatory program with mediations off-site. Mediators had at least 40 hours of training and were attorneys and family therapists.

Full Findings
Parties were satisfied over all. Short-term and long-term satisfaction were related. Satisfaction with mediation was significantly affected by whether an agreement was reached.

Mandatory Divorce Mediation: The Impact on the Courts

Description
Compared disposition times and court activity for cases in Cobb County, Georgia, which had a mediation program, and Gwinnett County, Georgia, which did not.

Method
Looked at a random sampling of half of all cases filed in Cobb and Gwinnett Counties during the six months prior to the Cobb County program and the year after commencement of the program.

Sample Size
Not available

Program Variables
Mandatory program in which cases were mediated for a fee by mediators off-site. Study began at the program’s inception and continued for one year.

Full Findings
While there was no significant change in time to disposition in Gwinnett County, there was a significant drop in the number of days to disposition in Cobb County during the first 6 months of the program (57 day drop). The long-term effect, however, was not significant (0.6 month drop in second 6 months). There was no significant effect on the number of post-decree filings, but the author believed it was probably too soon to tell what the effect would be.

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.

Parties' Evaluation of Their Relationships with Their Mediators and Accomplishments in a Court-Connected Mediation Program

Description
Examination of the impact of the parties' relationship with the mediator on success and satisfaction.

Method
A questionnaire was sent out to parties after mediation.

Sample Size
387 of 546 participants: 175 men and 212 women

Program Variables
For-fee program

Full Findings
64.4% of parties were satisfied or very satisfied with how they “got along with” the mediator. 51.6% thought they made progress. There was no difference in satisfaction based on the gender of the party or mediator. Satisfaction was related to a whether parties believed the fee was excessive or made problems for them or their family, a sense of accomplishment, and perceived problems with the agreement.

A Comparative Analysis on the Benefits of Mediation in the Cobb County Superior Court

Description
Examination of the effect of mediation on court backlog. Four case types were involved: divorce, custody, damages-contract, and damages-tort.

Method
For time to disposition, trial rate and number of court appearances, a comparison was done between cases filed prior to the establishment of the mediation program and mediated cases. Took random samples with identical numbers of cases for each case type. Also sent out questionnaires to attorneys, parties, and mediators after the mediation session.

Sample Size
123 cases referred to mediation and 123 cases not referred; 84 of 250 individuals to whom questionnaires were sent

Program Variables
Voluntary program with mediations conducted off-site and for-fee. The program had been in place three years at the time of the study.

Full Findings
Prior to the mediation program, time to disposition ranged from 37 to 1434 days, with a mean of 367.47. After the mediation program commenced, time to disposition ranged from 44 to 974 days, with a mean of 338.73.

The number of court appearances per case prior to the mediation program ranged from 0-15, with a mean of 2.45. This dropped mildly to a range of 0-9 with a mean of 2.04 after the mediation program. The number of trials dropped from 30 to 18.

97% of mediation participants thought the process was fair; 87% were satisfied with mediation as a whole.

Effects of Different Dispute Resolution Methods on Women and Children after Divorce

Description
Examination of monetary and custody agreements reached in mediated, attorney-negotiated, and judicially-assisted settlement in New York and Georgia.

Method
Used mailed questionnaires to collect data about specific terms of divorce settlements from parties.

Sample Size
190 individuals in Georgia were sent questionnaires (69 who participated in mediation, 51 whose settlements were attorney-negotiated, and 70 who reached settlement with judicial assistance); 83 completed them. 302 individuals were sent questionnaires in New York (135 from the mediation group, 67 from the attorney-negotiation group, and 70 from the judicial assistance group); 124 responded.

Program Variables
Programs not described.

Full Findings
Women (and, according to the study authors, therefore children) fared worse in mediation in New York because the compliance with joint custody agreements was lower in mediated cases (80% compared to 95% of cases with attorney-negotiated settlements and 94% of cases with judicially-assisted settlements) and 29% of mediated settlements did not include child support terms (compared to 26% of attorney-negotiated settlements and 17% of judicially-assisted settlements); there was no difference in outcome between dispute resolution methods in Georgia.

California Family Services Snapshot Study

Description
Examination of the short-term and long-term satisfaction of clients in family cases in 75 branch courts in 51 counties in California.

Method
Over a two-week period, surveys were given to parents and mediators to complete right after the mediation session – 82% of parents did so. Researchers compared satisfaction of clients who reached agreement to those who did not reach agreement. Follow-up interviews were conducted two years later to determine the long-term effects.

Sample Size
1669 sessions

Program Variables
Mandatory program of more than ten years duration.

Full Findings
Long-term satisfaction was higher for clients who reached agreement in mediation than for those who reached impasse in mediation, or than for those who determined custody and visitation through other processes. Perception of fairness of the outcome was highest in mediation as opposed to other methods of agreement. 72% of mothers thought the mediated agreement was fair; 63% of fathers did. This compares to 56% of mothers and 54% of fathers who reached agreement through other methods. Mothers with mediated agreements reported the fewest problems with their children.

A Multi-State Assessment of Divorce Mediation and Traditional Court Processing

Description
Looked at the effects of mediation and traditional court processing on litigants’ views of dispute resolution and outcomes of divorce cases in Florida, Nevada, New Mexico, and North Carolina.

Method
Examined three sources of data: court and mediation case records, telephone interviews of disputants, questionnaires mailed to attorneys. Compared a court with a court-based mediation program with a court without one in each state. The study sample included all cases referred to mediation during selected time period from 1988-1990. Samples in comparison courts were composed of all divorce cases in which custody was an issue.

Sample Size
Ranged from 65 to 196 mediated cases and 12 to 53 litigants at each program site, 73 to 137 cases and 13 to 58 litigants at each matched site

Program Variables
Two programs (New Mexico and Florida) were mandatory with mediations conducted by staff without charge to the parties. One program (North Carolina) was mandatory with mediations conducted by volunteers off-site without charge to the parties. One program (Nevada) was voluntary with mediations conducted by staff for a fee. All programs had been put in place several years before the study commenced.

Full Findings
Mediation participants (parties) were more likely to find the process to be fair (73% compared with 55%). Mediation participants (parties) were more satisfied with their agreement than those in adjudication (70% compared with 52%). Attorney responses did not significantly differ between the two processes.

Women gave more favorable ratings to mediation than to adjudication, and gave more favorable ratings to mediation over all than men did. Men's responses to mediation did not significantly differ from those to adjudication.

Mediation did not reduce the number of hearings held. Time to disposition was faster for mediated cases in 3 of 4 courts. Litigants reported lower attorney fees for mediated cases than adjudicated ones in 3 of 4 courts.

Hard Cases, Vulnerable People: An Analysis of Mediation Programs at the Multi-Door Courthouse of the Superior Court of the District of Columbia

Description
Comparative study examining satisfaction and cost of litigation in domestic relations and simple civil case mediation programs in a multi-door courthouse. The findings for the civil case mediation program are reported here.

Method
Conducted telephone interviews of litigants and attorneys, both those who participated in mediation and those who did not. Looked at cases mediated in 1987-89 (approximately 100/year), drew sample of non-mediated cases randomly from cases filed in 1988-1989 and removed those not eligible for mediation.

Sample Size
102 mediated cases; 135 non-mediated cases; 200 litigants (96 mediated, 112 non-mediated) and 138 attorneys (73 mediated, 65 non-mediated) were interviewed

Program Variables
Voluntary program. The case had to have a trial date that was at least three months away in order to be eligible for mediation.

Full Findings
Compliance was about the same for both mediated cases and non-mediated cases. Satisfaction was about the same for mediated and non-mediated cases. Parties and attorneys were significantly more satisfied with the outcome when they settled in mediation. Women were more likely to be satisfied with mediation than men; minorities were not more likely to be satisfied than whites.

Women's and Men's Views of Mediation in Voluntary and Mandatory Mediation Settings

Description
Looked at gender-based views of mediation in mandatory court and voluntary private programs.

Method
Questionnaires were sent to participants in mandatory court and voluntary private mediation programs. 1020 were sent to court clients whose mediation had been completed for at least 6 months. 209 were returned.

Sample Size
209 men and women who participated in mediation (20.5% response rate)

Program Variables
Mandatory program in existence for several years prior to the beginning of the study.

Full Findings
Of all women who mediated through the court program (whether the case settled or not) 67% were satisfied with the outcome and 17% were dissatisfied. Of all men who mediated, 48% were satisfied with the outcome and 43% were dissatisfied. Satisfaction rates for those who reached resolution in private mediation were 72% for women and 78% for men.

Evaluation of the Use of Mandatory Divorce Mediation

Description
Examination of settlement and party perception of mediation.

Method
Random assignment to mediation or to traditional path. Examination of court files for cases in both groups. Structured interviews with mothers and fathers in both groups. Expert analysis of agreements reached with and without benefit of mediation.

Sample Size
Court files: 352 mediated cases, 331 control group cases. Interviews: 124 combined in both groups. Agreements: 80 from each group.

Program Variables
Mandatory pilot program in Monroe County, Indiana. Half of mediations were conducted by a single mediator, half by team of staff member and attorney trained in mediation. Mediations completed in one session.

Full Findings
42% of parents in mediation said they would use it again. 27% said it should be a mandatory process. Key complaints were not feeling listened to, feeling pressured to resolve the dispute, resenting being ordered to mediate, and feeling the mediator was unskilled. Half of those who mediated reached full settlement; 9% reached partial agreement. Mediated agreements showed some differences from those reached by other means. Child support tended to be slightly lower, custody was more likely to be joint, and visitation agreements were more specific.

Divorce Mediation in New Hampshire: A Voluntary Concept

Description
Examination of the relationship between the type of dispute resolution process used and the types of decisions made concerning child custody and child support, the nature of the post-divorce relationship, and satisfaction with the divorce agreement.

Method
Random sampling of cases that went through mediation and those that did not (including uncontested cases). Mail survey was sent to a sample of 500 cases; 120 (32%) were returned and useable.

Sample Size
120 of 500

Program Variables
Voluntary program mediated by paid mediators.

Full Findings
34% of mediation participants spent less than $500 and 22% spent more than $1000, as opposed to 25% and 19% of those who did not participate in mediation. Couples in mediation were significantly more satisfied with the divorce agreement than couples who did not mediate. Couples in the mediation group were more likely to describe their post-divorce relationship as harmonious or cordial than those in the control group.

Of the mediation group, 12% had to return to court, as compared to 31% of the traditional group. Compliance was greater for the mediation group as well: 97% of these couples made all child support payments; only 63% of the couples in the traditional group did.

The Charlottesville Mediation Project: Mediated and Litigated Child Custody Disputes

Description
Compared time to settlement, satisfaction, and psychological adjustment of participants in mediated and non-mediated cases.

Method
Cases were randomly assigned to mediation or to traditional settlement. Examined court records for agreement rates and time to settlement. Surveyed participants for satisfaction and psychological adjustment.

Sample Size
35 mediated cases and 36 non-mediated cases

Program Variables
Mandatory mediation offered free to participants at the courthouse. Mediation was a combination of problem solving and therapeutic mediation.

Full Findings
The agreement rate was 77% for the mediation group, 31% for the adversary group. Time to settlement was three weeks in mediation and seven weeks in adversary settlement. There was no difference in women's perception of their rights being protected in either process. Men more often felt mediation protected their rights and gave them what they wanted. Women more often thought they won what they wanted in litigation. Both men and women thought mediation had a better effect on their children than adjudication. There was no difference in psychological adjustment for men or women based on the process used.

Court-Based Divorce Mediation in Four Canadian Cities: An Overview of Research-Based Results

Description
Reports on the findings of two studies of three custody and visitation mediation programs and one divorce mediation program that included support and property division as well: the Winnipeg Study, and the Divorce and Family Mediation Study (Montreal, Saskatoon, St. John’s).

Method
Winnipeg Study: administered questionnaires to participants entering mediation between November 1985 and April 1986; conducted telephone interviews 3-4 months post-mediation; examined client files, intake sheets, court files, and archival data from petitions filed in 1983. DFMS Study: analyzed court records on recently filed separation and divorce cases; conducted interviews with former spouses from these cases six months after the case settled.

Sample Size
Winnipeg Study: questionnaires administered to 282 participants, interviews with 138 participants; DFMS Study: data collected on 1773 court files (363 in which mediation was used), 905 parties interviewed (324 of whom participated in mediation).

Program Variables
All programs were voluntary. Winnipeg, Saskatoon, and St. John’s: mediators were staff who also conducted custody evaluations (but not of same cases). Montreal: court referred cases to a mediation service. Mediation in general was facilitative to therapeutic.

Full Findings
Across sites, 80% to 90% of respondents felt the mediator was fair; 16% felt pressured into an agreement before they were ready. The settlement rate in the Winnipeg Study was 65% per the mediators, 46% per the parties. The settlement rate in the DFMS Study was49% full and 15% partial per court records, 38% full and 20% partial per the parties.

The DFMS Study found that the average support agreed to in mediated cases was $430/month for mediated cases, as compared to $332 in non-mediated cases. The difference was greatest in Montreal (28% when controlled for income) and Saskatoon (11% when controlled for income). There was no evidence that mediation had an impact on compliance except in Montreal, where 97% of women who mediated reported compliance as compared to 66% of women who did not mediate. Relitigation data was available only for Montreal, where 18% of cases returned to court, of which 97% were not mediated. Custody: sole custody to mother was less likely in mediated cases (54.7% v 79.4%).

Legal costs were higher for parties who mediated, except in Montreal, in which they were slightly lower. Time to case closure was longer for non-mediated cases. The greatest difference was seen in Montreal, in which uncontested divorce cases closed 7 weeks sooner and contested divorce cases closed 23 weeks sooner.

An Evaluation of a Trial Mediation Program

Description
Looked at the effectiveness of domestic relations mediation in a short-term pilot program "in an inter-mountain state."

Method
Surveyed 27 individuals from pre-program cases and compared their answers to 32 individuals from program cases who reached agreement in mediation, 28 who did not reach agreement, and 13 who did not try mediation.

Sample Size
27 pre-program litigants; 60 litigants in mediated cases; 13 litigants in cases not mediated during program

Program Variables
This was a 6-month program created for the purposes of this study. It was voluntary and services were provided free of charge by a single mental health professional trained as a mediator.

Full Findings
Found no statistical difference in the adjustment of parents and children between mediation and litigation. Attorneys believed mediation increased time and costs, and that their clients were less satisfied with the mediation process than litigation.

Mediating and Litigating Custody Disputes: A Longitudinal Evaluation

Description
Reports on the Denver Mediation Project, in which contested custody and visitation cases were randomly assigned to mediation.

Method
Random assignment of 2/3 of the cases to mediation, 1/3 to a control group for which mediation was not an option. Participating parties were interviewed three times: by phone as soon as a custody dispute was recognized, 3 months after the final order, and 6 months after the second interview. There was a 25-60% attrition rate over the course of the study.

Participants were divided into four groups – those who successfully mediated their case, those who tried mediation but did not reach resolution, those who were referred to mediation but decided against using it, and the control group.

Sample Size
435 of 880 cases: 381 of 668 cases assigned to mediation, 72 of 212 cases assigned to control group

Program Variables
Voluntary mediation provided without charge to the participants. The study began at the program’s inception.

Full Findings
Time from the initiation of the proceeding to the final order in successfully mediated cases was 9.7 months on average, 11.9 months on average for the control group, 11.1 months for those who were referred but rejected mediation, and 13.4 months for cases that were unsuccessfully mediated.

There was a 20% court hearing rate for those who used mediation and almost 50% for those who did not. Only 4% of couples who successfully mediated had filed for modification 15 months after the final order (Compared to 11% of those who unsuccessfully mediated, 15% of those in the control group (after 18 months), and 14% of those who rejected mediation (after 20 months)).

The average legal fee paid by parties who successfully mediated their case was $1630. For those who tried mediation but were unsuccessful, the average legal fee was $2000. Those who rejected mediation paid on average $1800. Participants in the control group paid an average of $2360.

Successful mediation participants were more satisfied with the process than unsuccessful mediation participants, and were more likely to perceive the process to be fair than any of the other three groups. Those who successfully mediated their case were more likely to describe their relationship with their ex-partner as no worse than those in any other group. Over the long-term, these results remained relatively stable.