This study examines the effect of the mediation of pre-decree disputes involving parenting time and responsibilities on the amount of time spent by the court. Specifically, the study asks the questions: How effective is mediation at resolving these disputes? Does mediation reduce the amount of time spent on these cases by courts? Does mediation reduce relitigation? To answer these questions, the author compared 92 cases from the court at a time when use of mediation was early and systematic (1999-2000 group) to 100 cases from the court at a time when it made sporadic use of mediation, usually late in the case (1996-1997 group).
The study found that in the 1999-2000 group 39% of cases mediated achieved full resolution; another 55% reached partial resolution. No cases from the 1996-1997 group participated in mediation. Time to disposition for the 1999-2000 group averaged 334 days; the 1996-1997 group averaged 395 days from filing to final orders. This is statistically significant at .05. There was a difference in the percent of cases presenting stipulations to the court, with more cases from the 1999-2000 group presenting stipulations. Additionally, the percent of cases with continuances to hearings was significantly lower for the 1999-2000 group. The study also found evidence that relitigation was less prevalent in the 1999-2000 group: two years post-decree, 38% of the 1996-1997 group had returned to court, while only 24% of the 1999-2000 group had.
Mediating Disputes Involving Parenting Time & Responsibilities in Colorado's 10th Judicial District: Assessing the Benefits to the Courts
Thoennes, Nancy. Aug. 2, 2001http://www.courts.state.co.us/userfiles/File/Administration/Policy_and_Program/ODR/documents/Parenting%20Time%20and%20Responsibilities.pdf