Divorce Mediation in New Hampshire: A Voluntary Concept

Bautz, Barbara J., Hill, Rose M.. Mediation Quarterly, Jan. 1, 1989

This study examined the relationship between dispute resolution process and outcomes regarding child custody and child support, the impact of mediation on post-divorce relationships, and satisfaction with the divorce agreement. To examine these, a questionnaire was sent to divorced families. The study found that mediation parties were more likely to: agree to joint legal custody, to have a higher rate of compliance with child support payments, to have greater satisfaction with the agreement, to have better post-divorce relationships and to view their settlement as fair.

Description of Study: Examination of the relationship between the type of dispute resolution process used and the types of decisions made concerning child custody and child support, the nature of the post-divorce relationship, and satisfaction with the divorce agreement.

Method: Random sampling of cases that went through mediation and those that did not (including uncontested cases). Mail survey was sent to a sample of 500 cases; 120 (32%) were returned and useable.

Comparative: Yes

Comparison Groups: Cases that went to mediation and cases that did not

Sample Size: 120 of 500

Variables Examined: Cost to parties, durability of the agreement, outcomes, compliance, satisfaction with the agreement, post-divorce relationship

Program Variables: Voluntary program mediated by paid mediators.

Findings: 34% of mediation participants spent less than $500 and 22% spent more than $1000, as opposed to 25% and 19% of those who did not participate in mediation. Couples in mediation were significantly more satisfied with the divorce agreement than couples who did not mediate. Couples in the mediation group were more likely to describe their post-divorce relationship as harmonious or cordial than those in the control group.

Of the mediation group, 12% had to return to court, as compared to 31% of the traditional group. Compliance was greater for the mediation group as well: 97% of these couples made all child support payments; only 63% of the couples in the traditional group did.