This generally qualitative study examines user perceptions of fairness and satisfaction as well as the impact of mediation on the settlement of disputes. Through survey forms distributed to lawyers and parties who participated in mediation, the study found that 83% of participants thought the mediation process was fair and 95% of participants who had an opinion were at least somewhat satisfied with the agreements reached in mediation. In addition, 78% of lawyers were somewhat more satisfied with the mediation process than other court experiences when the mediation ended in agreement; when there was no agreement 63% were at least somewhat more satisfied with mediation than other court experiences.

Description of Study: Study of the efficacy of a one-year pilot mediation program of civil cases in New Orleans.

Method: Examined court records and mediation files of all cases completed prior to the study. Telephone interviews were conducted of both litigants and lawyers who participated in mediation, with mostly lawyers consenting to the interview.

Comparative: No

Sample Size: 37 cases; 59 attorneys and 24 litigants were interviewed (at least one interview was conducted for each case)

Variables Examined: Settlement rate, mediation rate, fairness, satisfaction of both litigants and lawyers, litigant and lawyer views of cost

Program Variables: Semi-voluntary program (if both parties chose not to mediate, the case was not referred to mediation, but if only one chose not to mediate, the judge had the authority to require it) with paid mediators.

Findings: 67.5% of litigants and lawyers participating in mediations reaching settlement agreed that the costs of mediation were reasonable; of those participating in mediation that did not reach settlement, 57.6% agreed with that statement. 82.9% of parties and lawyers agreed that the process was fair. 95% of participants were at least somewhat satisfied with the agreement. 75% of litigants in "successful" mediation were at least somewhat more satisfied with mediation than with other court experiences, as opposed to 57% of those litigants who participated in a mediation that did not reach settlement. For attorneys, these numbers were 77.8% and 53.3%, respectively.