This report looks at domestic relations mediation in thirteen courts in Maine and six courts in Ohio. The data was gathered from participant questionnaires submitted for 789 cases mediated in Maine between February 1996 and March 1997 and from 154 cases mediated in Ohio between February 1997 and March 1998. The data gathered included type of case, mediator demographics, mediation session length and attendance, mediation outcomes, and participant assessment of the process. The study found that very little impacted settlement to any extent, but that participant assessments were affected by case and party characteristics, as well as mediator characteristics.

Description of Study: Examined domestic relations mediation in thirteen courts in Maine and six courts in Ohio in relation to fairness and satisfaction.

Method: Maine: Participants (parties, attorneys, and mediators) were asked to fill out a survey at end of the first mediation session, which was not necessarily the final session.

Ohio: Parties, attorneys, and mediators completed an evaluation at the end of the final mediation session.

Comparative: No

Sample Size: Maine:28 mediators, 951 (71%) attorneys, and 933 parties (59%) in 789 cases

Ohio:38 mediators, 92 attorneys (34%), and 193 parties (62%) in 154 cases

Variables Examined: Attitudes of parties and attorneys regarding time, cost, fairness of the process, satisfaction with the outcome

Program Variables: Mandatory program in Maine, with a fee of $120, $50 of which was paid to mediators who served as independent contractors. Attorneys attended the sessions. Mediators averaged 106 hours of training, 300 mediations, and 9 years of experience. The programs studied in Ohio varied between voluntary and mandatory, staff-mediated and independent contractor, and as to the fee paid. Attorneys did not attend the sessions. Mediators averaged 56 hours of training and 10 mediations. In addition, they had 12 years of experience working with families.

Findings: Maine:Parties overall perceived the process to be fair (93% thought it was very or somewhat fair). Most parties were satisfied – 83% were very or somewhat satisfied. There was little sense by parties that mediation reduced costs (15%) or time involvement (23%). Attorneys thought it reduced time and costs (about 66% for each) and 86% thought mediation was fair.

Ohio:There was an overall perception of fairness of the process (66%) and satisfaction with the outcome (70%). There was little sense by the parties that mediation reduced their costs (32%) or time involvement (22%).