This is a study of a pilot project to make mediation mandatory for workers' compensation cases. In the evaluation, cases were assigned either to a group for which mediation was mandatory, or to a group for which it was voluntary. The study found that the percentage of cases that was resolved prior to the discovery deadline (120 days after the case becomes "at issue") was 24.1% for the treatment group and 11.2% in the control group. Prior to the mandatory settlement conference (scheduled for one month prior to trial), 42.5% of the treatment cases were resolved and 28.5% of cases in the control group were resolved. 82.5% of treatment cases and 70.2% of cases in the control group were resolved prior to the scheduled trial date. Looking specifically at time to resolution, 13% of cases in the treatment were resolved within 3 months (the deadline for mediation), as compared to 9% of cases in the control group. Approximately 25% of cases in the treatment group were resolved within 4 months (the deadline for discovery), as opposed to 12% of control group cases. All other date-delimited percentages were the same. Thus, the main impact of mediation on time to disposition came within the first months of the life of the case.
Description of Study: Experimental design that looked at the impact of mandatory mediation on early resolution and number of notices of service of discovery filed for cases that became “at issue” between April 1, 2000 and June 11, 2001.
Method: Compared cases randomly assigned to a group for which mediation was mandated to those assigned to a group in which it was not in terms of the point in the case at which it was settled and amount of activity the case involved.
Comparative: Yes
Comparison Groups: Cases randomly assigned to a treatment group for which the scheduling order included an order to participate in at least two hours of mediation within three months from the issuing of the order, and to a control group for which the scheduling order did not include such an order, but participation in mediation was not prohibited. To be eligible, parties had be represented by counsel and had to have requested a jury trial.
Sample Size: 400 cases that became “at issue” during the study period and were eligible for the experiment (see comparison groups, above); 202 cases assigned to the treatment group, 198 to the control group. Ten cases in each group were not followed because of lack of data.
Variables Examined: Time to disposition, case activity
Program Variables: Mediation was mandatory for the treatment group, voluntary for the control group. Cases in the mandatory mediation group were required to complete at least two hours of mediation within three months of the issuance of the scheduling order. The program was newly established at the time of the study, although mediation had been available prior to the commencement of this experiment.
Findings: The percentage of cases that was resolved prior to the discovery deadline (120 days after the case becomes “at issue”) was 24.1% for the treatment group and 11.2% in the control group. Prior to the mandatory settlement conference (scheduled for one month prior to trial), 42.5% of the treatment cases were resolved and 28.5% of cases in the control group were resolved. 82.5% of treatment cases and 70.2% of cases in the control group were resolved prior to the scheduled trial date. Looking specifically at time to resolution, 13% of cases in the treatment were resolved within 3 months (the deadline for mediation), as compared to 9% of cases in the control group. Approximately 25% of cases in the treatment group were resolved within 4 months (the deadline for discovery), as opposed to 12% of control group cases. All other date-delimited percentages were the same. Thus, the main impact of mediation on time to disposition came within the first months of the life of the case.
An impact on discovery notices was also found – 37.0% of cases in the treatment group had two or more notices of service of discovery as compared to 56.4% of control group cases. This is statistically significant at the 1% level.