This report is the result of a study of two programs at the Multi-Door Courthouse in Washington, DC: the Domestic Relations and Civil II mediation programs conducted from 1987-1989. Through the examination of court records and telephone interviews of litigants and attorneys, the study found that 7% fewer Civil II cases had to go to trial when the matter was mediated, and the percentage of parties to domestic relations cases who reported a decision was made by the court was less than half that reported by those who did not mediate. In addition, mediation was successfully used to resolve emotionally difficult cases in both programs, but the outcomes were less durable. Party satisfaction was higher in Civil II cases that were mediated than domestic relations cases that were, and parties to Civil II cases that were mediated were more satisfied than those who did not mediate. The opposite was true for Domestic Relations Cases. The study also found that those "usually thought to be disenfranchised" - women, African-Americans, those with lower income - were more likely to be satisfied with mediation.

Description of Study: Comparative study examining satisfaction and cost of litigation in domestic relations and simple civil case mediation programs in a multi-door courthouse. The findings for the civil case mediation program are reported here.

Method: Conducted telephone interviews of litigants and attorneys, both those who participated in mediation and those who did not. Looked at cases mediated in 1987-89 (approximately 100/year), drew sample of non-mediated cases randomly from cases filed in 1988-1989 and removed those not eligible for mediation.

Comparative: Yes

Comparison Groups: Random sample of mediated cases and eligible non-mediated cases

Sample Size: 102 mediated cases; 135 non-mediated cases; 200 litigants (96 mediated, 112 non-mediated) and 138 attorneys (73 mediated, 65 non-mediated) were interviewed

Variables Examined: Demographics of those who chose to mediate; satisfaction of those who participated in mediation in comparison to those who did not; satisfaction by demographics; cost of litigating divorce cases; settlement rate; compliance

Program Variables: Voluntary program. The case had to have a trial date that was at least three months away in order to be eligible for mediation

Findings: Mediated cases were more complex than those that were not mediated. Parties who mediated were more likely to characterize their relationship as bitter and were much more likely to have children. Parties who mediated had higher attorney fees ($2765 in comparison to $1020), but 80% of mediated cases settled out of court, while only 53% of non-mediated cases did. Non-mediating parties had higher satisfaction with the process and outcome, as did non-mediating lawyers. Minorities, women, and lower income litigants were more likely to be satisfied with mediation (and to use mediation).