This study uses comparison groups to examine the impact mediation has on case time and cost. Three comparison groups were used, including cases randomly assigned to mediation, cases where parties requested mediation and litigated cases. The study found that cases that mediated, whether by random assignment or choice, were more likely to settle than those cases randomly assigned to litigation. Moreover, cases utilizing mediation closed earlier than cases in which parties participated in litigation. Similarly, litigated cases also had a larger amount of discovery requests and twice as many motion hearings than cases assigned to mediation.

Description of Study: Examination of the effect of mediation on time and cost in the York and Knox Superior Court, Maine.

Method: Randomly assigned cases to mediation or regular litigation. Allowed those who requested mediation to participate, but separated them into another group. Examined court docket records as well as records from the Administrative Office of the Courts.

Comparative: Yes

Comparison Groups: Cases randomly assigned to mediation, cases randomly assigned to regular litigation, and cases in which parties requested mediation and then participated in the process

Sample Size: 170 cases assigned to mediation, 156 assigned to regular litigation, 87 cases in the voluntary group

Variables Examined: Settlement rate, time to disposition, case activity

Program Variables: Pilot program with randomized assignment, although parties could request mediation. Mediation occurred relatively early in case, prior to most formal discovery. Discovery was suspended during the mediation process. Parties paid the court a $250 fee for the mediation. Mediators were lawyers with three hours of training. Parties selected the mediator from a list of three provided by clerk. Mediators differed in how they conducted the mediation, with most using more evaluative techniques. In 14% of mediations at least one party was absent from the mediation. In almost all mediations, the lawyers did most of the talking. 

Findings: In the randomly assigned mediation group, 13% of cases settled prior to mediation, 27% settled at mediation, and 29% settled before trial (69% total). In the voluntary group, 13% settled prior to mediation, 36% in mediation, and 31% settled before trial (79% total). In the regular litigation group, 65% of cases settled.

Cases in the assigned mediation group closed 59 days earlier than in the litigation group; cases in the voluntary mediation group closed 72 days earlier. In cases that were settled, the assigned group settled 77 days earlier than the litigation group, the voluntary group 70 days earlier. Discovery requests averaged 50% higher in the litigation group than in the assigned mediation group, and almost 100% more than in the voluntary group. Motion hearings were twice as frequent in the litigation group than in the assigned group. 20% of the voluntary group, 32% of the assigned group, and 57% of the litigation group reached the list of cases set for trial.

Time from filing to case closure was not affected by mediation.

Comment: Evaluative mediators (those that provided an opinion on likely court outcome, case value, or legal merits of case) were more likely to settle the case, as were those who involved the parties in the discussion.