Studies find high participant satisfaction, declining settlement rate with mediation program Friday, November 8, 2024
Studies find high participant satisfaction, declining settlement rate with mediation program
A recently completed survey of participants in the Family Law Mediation Program found satisfaction with mediators and the program remain high, although the average settlement rate has declined in recent years.
The Family Law Mediation Program was launched in 2008 and provides up to 6 hours of mediation to parties to resolve issues of parenting rights and responsibilities, as well as grandparent visitation matters. The historical average settlement rate for the program is 74%. The most recent review of settlement rates was conducted in 2022 found that the rate of settlement had dropped to 71%.
The percentage of cases that re-open within 3 years from a settlement is an indication of how successful the agreement has been. The average statewide re-opened rate for cases prior to 2008 was 27%. A follow-up study of the program in 2013 found that the statewide average for re-opened rates had dropped to 18%. The 2022 review found that the re-open rate remains steady at 17%.
The participant survey, which concluded at the end of October, found an overall satisfaction rate of 93%, compared to the historical average satisfaction rate of 87%.
The Family Law Mediation Program is mandatory for all newly filed cases where parenting time or parenting responsibility are contested. There is no cost to the parties. If a case is re-opened to consider parenting time or parenting responsibility issues, a judge may refer the case to the mediation program for up to 6 hours of service, at no cost to the parties. A 2015 study of district court post-judgment motions handled through mediation found a 79% settlement rate.
Since its inception, the program has received 16,991 referrals and accepted 10,071 cases.
In 2020, the court launched an expedited mediation program. This program differs from the Family Law Mediation Program in that a party can request expedited mediation without having to file a motion with the court. To qualify, there must be a North Dakota parenting time order, parenting plan, or court-ordered visitation schedule in place. Mediation is expected to be completed within 7 days of the referral. The service is voluntary and free to the parties. Since its inception 308 cases have been referred to the program. Of those, 152 cases were accepted into the program. The number one reason a case is not accepted into the program is that the other party declined to participate. The average settlement rate for the program is 63%.
Rule 5 of the Rules of Appellate Procedure provides for post-judgment mediation services for cases on appeal that include parenting time or parenting responsibility issues. The service is voluntary and provides for up to 6 hours of mediation at no cost to the parties.
More information can be found at: https://www.ndcourts.gov/Media/Default/legal-resources/legal-self-help/expedited-mediation-difference.pdf and https://www.ndcourts.gov/Media/Default/Legal%20Resources/family-law-mediation-program/faminfo.pdf and https://www.ndcourts.gov/legal-resources/rules/ndrappp/5