An evaluation was conducted of all seven vicinages included in a pilot program for mediation of financial issues in divorce that was initiated in New Jersey in 1999. Initially, three vicinages mandated mediation before the matrimonial early settlement panel (MESP) and three mandated mediation after the MESP. (The seventh vicinage was added in 2001.) Beginning in 2002, all vicinage mandated mediation post-MESP.
The study looked at all 1,144 cases mediated to date and found that 52% of them had ended in full settlement, and 14% endedin partial settlement. In 150 cases, time from mediation to disposition and the number of post-judgment motions were compared for cases that settled in mediation and those that did not. This analysis showed that on average cases that settled in mediation reached disposition three months sooner and had 70 fewer post-judgment motions.
Description of Study: Evaluation of a pilot mandatory mediation program for economic aspects of family law cases.
Method: Cases referred to mandatory mediation were tracked through case files to determine settlement, time in mediation. Court records of a sample of 150 cases were examined for time to disposition and post-judgment motions.
Comparative: No
Sample Size: 1,144 mediated cases
Variables Examined: Settlement rate, time in mediation, time to disposition, number of post-judgment motions
Program Variables: Mandatory program in which most cases were mediated after full discovery was completed. The first 3 hours were provided free of charge, after which parties were required to pay.
Findings: 66% of cases referred to mediation resulted in full or partial agreement. Another 12% were settled prior to mediation. The average time in mediation was 4 hours 55 minutes, with mediator prep time averaging another 1 hour 10 minutes. Just over half (51.4%) took more than the 3 hours provided without charge. A sample of 150 cases was examined for time to disposition and number of post-judgment motions. Those cases that settled in mediation were resolved on average 3 months sooner than those that did not settle in mediation. The 75 cases that settled in mediation led to 34 total post-judgment motions over a two-year period, while the 75 that did not settle led to 104 post-judgment motions.