An evaluation was conducted of the appellate mediation program in New Mexico to see if mediation is effective in the late stages of the appellate process as well as to find out how the attorneys viewed the process. The evaluation found that of the 308 cases screened into the program, 88 settled through mediation. Statistical analysis revealed that the only variable that had an effect on settlement was the amount of time the case remained under negotiation - the longer it remained open, the more likely it was to settle.
Attorney responses indicated that 86% thought the agreement reached was fair.
Cost savings to the court were calculated by comparing the need for one mediator and part-time assistant to mediate cases to the need for one judge and one law clerk to deal with each case that is not sent to mediation. More cases were settled annually than were assigned to judge and staff.
Significant time savings were found as well. The study compared mediated cases with those that were on the regular calendar because almost all mediated cases did not settle on the summary calendar and thus would have been moved on to the regular calendar. Mediated cases resolving in 266 days and non-mediated cases on the regular calendar resolving in 450 on average. (This presupposes that all mediated cases went through 150 days on the summary calendar, which is the average number of days to disposition for summary calendar cases).
Description of Study: Examination of whether mediation could be effective at later stages of appellate process, and what the reaction of attorneys was to this mediation program.
Method: Examined court data to determine the rate of settlement in mediation as well as the amount of time spent by cases on the court docket. Also looked at questionnaires returned by attorneys between September 1998 and September 2000.
Comparative: No
Sample Size: 308 cases scheduled for mediation between September 1998 and June 30, 2000
Variables Examined: Satisfaction, time to disposition, settlement rate
Program Variables: Mandatory program begun in 1998. Mediations were conducted by a staff attorney trained in basic mediation methods. Services were provided free to the parties. Almost all cases that were screened into mediation had failed to resolve on the summary calendar. (A few cases were put on the regular calendar and screened in from there). Mediations were conducted by telephone. The study was conducted during the program’s first two years.
Findings: Of the 308 cases screened into the program, 88 settled through mediation. Statistical analysis revealed that the only variable that had an effect on settlement was the amount of time the case remained under negotiation – the longer it remained open, the more likely it was to settle. Attorney responses indicated that 86% thought the agreement reached was fair.
Cost savings to the court were calculated by comparing the need for one mediator and part-time assistant to mediate cases to the need for one judge and one law clerk to deal with each case that is not sent to mediation. More cases were settled annually than were assigned to judge and staff.
Significant time savings were found as well. The study compared mediated cases with those that were on the regular calendar because almost all mediated cases did not settle on the summary calendar and thus would have been moved on to the regular calendar. Mediated cases resolving in 266 days and non-mediated cases on the regular calendar resolving in 450 on average. (This presupposes that all mediated cases went through 150 days on the summary calendar, which is the average number of days to disposition for summary calendar cases).