An evaluation was conducted of a dependency mediation program in which most cases were referred post disposition. The study looked at 227 mediated cases and 186 contested hearing cases.
The study found that full settlement was reached in 71% of mediations. Settlement was affected by whether a party
objected - if no party objected, 85% of cases settled; if one party objected, settlement occurred only 50% of the time. No case characteristics were linked to whether the case settled, except that cases involving a perpetrator who was mentally ill were less likely to settle. Outcomes of mediated and litigated cases were comparable, but visitation plans worked out in mediation were more specific than those determined in court hearings. Mediated plans also provided more visits to the parents. Cases settled in mediation were less likely to return to court with a contested review hearing 12 -24 months following the disposition hearing (11% v 28%).
Savings were estimated to be about $2505 per case settled in mediation. If it is assumed that each review hearing avoided also saves $2505, the combined savings of 100 settled mediation cases would be $293,105.
Description of Study: Evaluation conducted between April 1995 and December 1997 of established mediation program.
Method: Quantitative data obtained from records maintained by mediators expressly for evaluation purposes and from file data drawn from court records.
Comparative: Yes
Comparison Groups: Mediated cases and those set for contested jurisdictional hearing. Not randomly assigned.
Sample Size: 227 mediated cases; 186 contested hearing cases
Variables Examined: Settlement rate, outcomes, compliance, cost
Program Variables: Almost half of referrals came from court. In another 25%, the parents’ attorney requested mediation. Cases were referred at a variety of stages; however, almost half were referred post-disposition. Average number of hours in mediation was 2.5. Almost all cases were completed in one session. Participants were the case worker, the attorney for the child protection service agency, the child’s attorney, and the attorney for the parents. The parents almost always attended. In 25% of cases, the child attended.
Findings: Full settlement was reached in 71% of mediations. Settlement was affected by whether a party objected – if no party objected, 85% of cases settled; if one party objected, settlement occurred only 50% of the time. No case characteristics were linked to whether the case settled, except that cases involving a perpetrator who was mentally ill were less likely to settle. Outcomes of mediated and litigated cases were comparable, but visitation plans worked out in mediation were more specific than those determined in court hearings. Mediated plans also provided more visits to the parents. Cases settled in mediation were less likely to return to court with a contested review hearing 12 -24 months following the disposition hearing (11% v 28%). Savings were estimated to be about $2505 per case settled in mediation. If it is assumed that each review hearing avoided also saves $2505, the combined savings of 100 settled mediation cases would be $293,105.