This study of a pilot program for the mediation of issues surrounding the termination of parental rights used random assignment to compare the outcomes of mediated cases to those that went through the traditional process. It found that 38.8% of mediations ended with an agreement regarding custody of the child: 14.2% reached agreement to terminate parental rights, 14.3% reached agreement for guardianship and 10.2% reached agreement for the agency to withdraw its motion for permanent custody. Estimated cost saving was 39%.

Description of Study: Evaluation between December 1, 1999, and November 30, 2001, of a pilot program in Ohio in which termination of parental rights was mediated. 

Method: Cases were randomly assigned to be mediated or to follow the traditional path. However, cases were reviewed for the parents’ ability to participate prior to referral. Some cases were also referred at the request of a party or magistrate. Interviews were conducted with judges, magistrates, mediators, attorneys, social workers, and CASAs. Surveys distributed to attorneys, case workers, family members following each mediation.

Comparative: Yes

Comparison Groups: Cases randomly assigned to mediation and cases randomly assigned to the traditional route.

Sample Size: 49 mediated cases (assigned), 37 control group cases, 125 questionnaires.

Variables Examined: Settlement rate, outcomes, cost to court, participant perception of mediation

Program Variables: Mandatory, free program. Mediation provided by a multi-service treatment center for children and families. The center contracted with and supervised community mediators who received extensive training on dependency issues. These mediators were a combination of attorneys, CASAs, social workers, teachers, and others. Mediation occurred at the courthouse. Most cases were mediated in single session, with an average time of 2.7 hours.

Findings: 38.8% of all cases reached agreement in mediation regarding custody: in 14.2% of all cases, parents agreed to termination of parental rights; 14.3% of cases resulted in permanent custody without termination of parental rights; and in 10.2% of cases the agency withdrew the motion for permanent custody.

45% of attorneys for parents said that mediation reduced the time they needed to spend on the case. 65% of attorneys for the agency said the same. Estimated cost saving was 39% per case.

89% of parents who settled and 57% of parents who did not (69.6% overall) said that mediation was better than court. 81.8% of social workers said the same.