Mediation participants and mediators were surveyed for this study. The study found that more attorneys were dissatisfied (32%) with the settlement in mediation than satisfied (29%). However, more than twice as many parties (63%) were satisfied than attorneys. Satisfaction with the settlement was related to how much mediation helped to reduce litigation costs, whether they attorneys believed the mediators gave their client a hearing and the degree of initial difference between the parties’ bottom lines.
Description of Study: Survey of attorney, mediator, and party opinions of a civil case mediation program.
Method: Examined court records of mediated cases. Sent questionnaires to all participating attorneys from September 1989 to February 1994, as well as parties and mediators.
Comparative: No
Sample Size: 325 attorneys (of 1251 contacted), 31 of 86 parties and 65 of 105 mediators participated in the study.
Variables Examined: Satisfaction, settlement rate, attorney attitudes regarding cost
Program Variables: Voluntary program mediated by volunteers. Judge referred. Most cases were referred at or near the end of discovery, or when the case was waiting for trial. Most mediations were completed in 1 or 2 sessions. Mediators were assigned to cases. The program was studied over its first 4 years.
Findings: 49% - 52% settlement rate; 28.7% of attorneys were largely or completely satisfied with the settlement; 32.4% were largely or completely dissatisfied. 63% of parties were satisfied. Satisfaction with the settlement was related to the extent to which the mediation process helped to reduce litigation costs; the extent to which attorneys agreed or disagreed with the statement: "the mediator did not give my client a hearing"; and the degree of initial difference between the parties' bottom lines. 41.6% of attorneys thought mediation was not helpful in reducing litigant costs; 30.6% thought it was helpful. 65.6% of attorneys were satisfied with the program; 19.5% were dissatisfied.