In this evaluation, the authors set out to discover the short- and long-term effects of mediating contested custody and visitation cases. The project called for cases to be randomly assigned to mediation or a control group for which mediation was not an option. Parties from the mediation group were divided into three categories: successfully mediated, mediated but didn't reach resolution, and referred to mediation but refused. All parties, whether in the mediation group or the control group, were interviewed three times: as soon as they came to the attention of the researchers, three months after the final decree, and six months after the second interview.

The study found that participants in successful mediation were more likely to be satisfied with the process and feel that mediation was a fair way to resolve disputes than those who didn't reach resolution in mediation. Further, more parties who successfully mediated their case were satisfied with the outcome than were participants in any other group. Those who reached resolution in mediation were also more likely to comply with the terms of the agreement or order and to describe their relationship with their ex-partner as "no worse than strained." These results appear to be stable over time.

Cases that were successfully mediated had the quickest time to disposition, but cases that were unresolved at the end of mediation had the slowest. Attorneys' fees also appeared lower for successful mediation participants. The control group reported the highest attorneys' fees.

Description of Study: Reports on the Denver Mediation Project, in which contested custody and visitation cases were randomly assigned to mediation.

Method: Random assignment of 2/3 of the cases to mediation, 1/3 to a control group for which mediation was not an option. Participating parties were interviewed three times: by phone as soon as a custody dispute was recognized, 3 months after the final order, and 6 months after the second interview. There was a 25-60% attrition rate over the course of the study.

Participants were divided into four groups – those who successfully mediated their case, those who tried mediation but did not reach resolution, those who were referred to mediation but decided against using it, and the control group.

Comparative: Yes

Comparison Groups: Cases randomly assigned to be eligible for mediation or not to be eligible. These were split into four groups: those that mediated and settled, those that mediated and did not settle, those that were referred but did not participate, those that were not assigned to mediate.

Sample Size: 435 of 880 cases: 381 of 668 cases assigned to mediation, 72 of 212 cases assigned to control group

Variables Examined: Settlement rate, compliance, relationships, court hearing rate, satisfaction, fairness, time to disposition, cost

Program Variables: Voluntary mediation provided without charge to the participants. The study began at the program’s inception.

Findings: Time from the initiation of the proceeding to the final order in successfully mediated cases was 9.7 months on average, 11.9 months on average for the control group, 11.1 months for those who were referred but rejected mediation, and 13.4 months for cases that were unsuccessfully mediated.

There was a 20% court hearing rate for those who used mediation and almost 50% for those who did not. Only 4% of couples who successfully mediated had filed for modification 15 months after the final order (Compared to 11% of those who unsuccessfully mediated, 15% of those in the control group (after 18 months), and 14% of those who rejected mediation (after 20 months)).

The average legal fee paid by parties who successfully mediated their case was $1630. For those who tried mediation but were unsuccessful, the average legal fee was $2000. Those who rejected mediation paid on average $1800. Participants in the control group paid an average of $2360.

Successful mediation participants were more satisfied with the process than unsuccessful mediation participants, and were more likely to perceive the process to be fair than any of the other three groups. Those who successfully mediated their case were more likely to describe their relationship with their ex-partner as no worse than those in any other group. Over the long-term, these results remained relatively stable.