Statistics on Mediation

Sixth Judicial District Family Mediation Program
UPDATE - March 2004
Implemented by the District Court Judges in August 1996

• People resolve 10% of all dissolution cases per year in mediation in this district, slightly less than the number of contested trials.

• Doubt and skepticism are common among parties before mediation, yet 75% of the parties reach agreement on some or all issues. Doubt does not predict the outcome or value of mediation for the parties.

• Parties are told that they can terminate mediation at any time. Why do they stay? They usually stay because they have something they want to tell the other person or they have questions or they want to have a say in what is decided.

• The average amount of time (and cost) per mediation has dropped significantly since the program was implemented. In 2001, parties mediated an average of 2.6 hours to reach agreement on all issues, an average of 2.3 hours to reach agreement on some issues and an average of 1.9 hours to reach no agreement.

• In cases that originally mediated, the rate of modifications that go to trial is far lower (2%) than in cases that originally stipulated (16%) or were decided in court (14%).

• Impact of mediation on the courts (according to court staff)
• Number of temporary hearings dropped by 60%. According to local attorneys, the drop is due to attorneys helping their clients working out their differences as well as due to parties mediating agreements.
• Shorter trials . In Linn County, before the program was implemented, 25% of the trials lasted 3-5 days. Currently, only 15% of the trials last longer than 2 days. When parties reach agreement on some or all issues, the court benefits because there are fewer or shorter trials, according to court staff.
• This saves over $25,000, or 25% of one district court judge’s time, a significant savings during a time of budget cuts.

• Voluntary mediation is slightly more likely to result in agreement than court-ordered mediation.

• The program materials encourage parties to consult with their attorneys before and after mediation. Parties do not sign agreements in mediation.

• 86% of the parties said they thought their mediated agreement was fair.
• 83.9% said they were satisfied with their mediator.
• 84.5% said they were able to express themselves in mediation.

• Parties
• “I had a chance to tell him some things I haven’t been able to say before this.”
• “We were able to talk about things. ”
• “It made us as parents take responsibility for our child and make decisions based on what really is in his interest. ”

• Attorneys
• “People like to control their own destiny, and they like to participate in the process.”
• “Helps to set rules for future discussions between them.”

• Judges
• “Mediation gives parents a way to deal with conflict without using their children as a weapon.”

Data derived from a random sample of 150 Linn County dissolution cases filed in 1997-98. The sample consisted of 50 dissolution cases in which the parties resolved custody and visitation issues by stipulation without mediation; 50 dissolution cases in which the parties mediated custody and visitation issues; and 50 dissolution cases in which the court tried custody and visitation issues. The method of resolving the modifications was then compared with the method by which the original dissolution was resolved.

Mediation: It's your solution.