This resource describes three studies that were conducted to test whether the mediation of child custody and visitation cases is a less adversarial approach than the conventional litigation system. The studies were the Denver Custody Mediation Project (CMP), a mediation program for those involved in child custody and visitation disputes; the Divorce Mediation Research Project (DMRP), which evaluated the mediation of court-connected custody and visitation cases; and an assessment of a mediation program for child support matters in Delaware.

The CMP and DMRP relied on telephone and in-person interviews. Couples that were a part of the CMP were randomly chosen and assigned to mediation or control groups. Those in both these categories, as well as those who rejected mediation, were interviewed at three different points: "upon referral to the project, after final orders were issued, and approximately six months after the second interview." The court files were reviewed several months later.

For the DMRP, clients who participated in court-based mediations were given questionnaires at three different points: "before mediation started, approximately fifteen months after the first contact, and thirteen to fifteen months after the initial interview." Adjudicating and noncontesting parties in Colorado were also interviewed.

The evaluation study compared child support amounts that resulted from mediation, judicial hearings and master's hearings. It also tracked compliance, relitigation and the perspective of parties who participated in all three processes.

The studies found that voluntary programs are not typically chosen by clients to divorce cases and that many more cases go to mandatory mediation programs than to voluntary ones. For this reason, mandatory mediation programs are more likely to reduce case and help the courts. Mediation is more often chosen by individuals who are better-educated and those whose lawyers have a more positive attitude toward it. It was also found that while mediation is not likely to prevent relitigation, it does not lead to further litigation. In addition, party attitudes toward mediation were largely positive: it is typically seen by parties as less adversarial than litigation; participants tend to be satisfied with custody and visitation mediations; participants tend to be dissatisfied with the traditional litigation system; and participants to mediation tend to see the process as equitable.