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Report on the Implementation of the Children's Justice Act Mediation Pilot Projects, 2003-2005

Nasworthy, Carol; Tarver, Tracy. Jan. 1, 2006
http://www.utexas.edu/law/academics/centers/cppdr/resources/publications/2003-05%20CJA%20Report.pdf

This study examines the implementation and success of Child Protection Services mediation programs in four counties throughout Texas from 2003 to 2005. Programs in the South Texas Cluster Court and the North East Texas Foster Care Docket, both of which cover multiple counties, were also included. Follow-up research was also conducted in three counties whose program funding ended during the survey period. Data was collected from judges, mediators, staff and mediation participants to determine the settlement rate and satisfaction of those involved in the program. According to the surveys of mediators and mediation participants, 58% of mediated cases reached complete settlements, down from 63% in 2002. Nineteen percent of cases reached no agreement, up from 16% in 2002 and 12% in 2001 and 2000. Despite this decreasing settlement rate, participant satisfaction remained high, with 90% reporting they were satisfied with the mediation process.

The study also includes descriptions of the mediation processes and mediator qualification requirements used by each program, as well as the estimated cost savings from mediation in each county. Researchers also explored the sustainability of these programs without their normal federal grant funding, looking at the operations of mediation programs in four counties after they had lost their funding. In each case, the number of cases referred to mediation remained the same, although mediator and attorney fees were reduced or eliminated in two counties in order to reduce costs.

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