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Court-Connected Mediation in General Civil Cases: What We Know from Empirical Research
Wissler, Roselle. Ohio State Journal on Dispute Resolution, 17(3): 641-703, 2002
This article presents the findings from three empirical studies of nine courts in Ohio: two studies involved pilot mediation programs in five courts; one involved a "settlement week" mediation program in four courts. To conduct the studies, questionnaires were distributed to parties and attorneys at the end of the mediation session in all cases mediated during the study periods; questionnaires were completed before leaving the courthouse. The study also used case files and mediator logs to determine timing of referral, time to disposition, case activity, and mediation characteristics. Data for all courts was aggregated - for process, outcome, and participant perception. The mean response for all courts together was calculated. For relationships between variables (e.g. program characteristics and settlement), a meta-analysis was conducted.
Taken in aggregate, 72% of parties to mediation in all programs perceived the process to be very fair. Fifty-five percent were satisfied with the mediation process. In aggregate, 89% of attorneys perceived the mediation process to be very fair. Of those parties who settled in mediation, 78% thought their settlement was very (56%) or somewhat (22%) fair. Ninety-seven percent of attorneys who settled their case through mediation thought the settlement was very (75%) or somewhat (22%) fair. There was no difference between mediated and non-mediated cases in the number of motions filed or decided.
Early referral led to shorter time to disposition for both cases that settled and those that did not. Parties were more likely to believe time and money were saved if the case settled in mediation.
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Ohio State Journal on Dispute Resolution
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