National Association For Community Mediation
--

1514 Upshur Street NW
Washington, DC 20011
Phone: (202) 545-8866
Fax: (202) 545-8873
RESEARCH PROJECT > Research Digest

Welcome to the NAFCM Research Digest Page. Here you will find a collection of community mediation research that is periodically updated by NAFCM. We plan to provide a search tool for the following digest so you can easily navigate through to find the specific information you seek. Until we are able to build this search tool, please use the "Find" command which you can either activate in the toolbar top left on your screen under "Edit" then "Find (on this page)" or hit Control+F and it will open for you. Happy hunting! 

All links open to documents in Microsoft Word format.

 


A Nationwide Survey of Mediation Centers

Bruce C. McKinney,
William D. Kimsey, Rex M. Fuller

McKinney, Bruce, William D. Kimsey, Rex M. Fuller.  “A Nationwide Survey of Mediation Centers.”  Mediation Quarterly 14.2 (1996):  155-166.

McKinney
, Kimsey and Fuller conducted a mail-in survey to determine the status of community mediation centers throughout the country.  146 centers participated in the survey. The results suggest that centers continue to have limited budgets; however, most have high settlement rates for mediations.


Alternate Dispute Resolution and Social Justice:

The United State's Experience


Sally Engle Merry

Merry, Sally Engle.  “Alternative Dispute Resolution and Social Justice:  The United States’ Experience.”  March 1997.  http://www.vuw.ac.nz/nzidr/Papers.htm.


“Should we interpret the expansion of ADR as the development of a more responsive, humane justice system or as another aspect of the elimination of state social services for the poor?  Is this a move toward better justice or cheaper justice?”(1)


An Evaluaiton of Michigan's Community Dispute Resolution Program Executive Summary

Harry Mika and
Michigan Supreme Court-State Court Administrative Office

Mika, Harry.  “An Evaluation of Michigan’s Community Dispute Resolution Program.”  Michigan Supreme Court State Court Administrative.  (1997)

From 1990 to 1995, the budget for
Michigan’s Community Dispute Resolution Program increased threefold.  However, an evaluation conducted in 1995 and 1996 found that staff workers within the organization have a less favorable outlook on CDRP than the public at large. 

 


Community Mediation Programs:

Developments and Challenges Assessing the Impact of Programs on the Quality of Justice and Related Measures,

pgs. 61-62


Daniel McGillis

United States. Dept. of Justice.  National Institute of JusticeNational Institute of Justice Issues and Practices Community Mediation Programs:  Developments and Challenges.  Washington:  GPO.  1997.


Studies have shown that community mediation programs handle cases faster than court systems do.  In order to alleviate court caseloads more, mediation programs will need to increase referral rates from local court systems.



 Community Mediation and the Court System:

The Ties That Bind


Timothy Hedeen,
Patrick G. Coy

Hedeen, Timothy and Patrick Coy.  “Community Mediation and the Court System:  The Ties that Bind.”  Mediation Quarterly. 17.4 (2000).


Though there are some advantages to the relationship between the court system and community mediation (i.e. funding and referrals), the great influence the court has on a community mediation may compromise its integrity.  As awareness and understanding of mediation increases, four things may follow: 1. More referrals at earlier stages of conflicts by police on the beat, religious leaders, counselors and therapists, community organizers, probation officers, and social workers 2. Decreased dependence on the court system for cases 3. Increased respect for mediation 4. Greater and more reliable funding sources  (365)


Community Mediation Center of Cape Fear, Inc.

John J. Murphy, Program Director


“We are proud of our impressive recidivism rate of 4.4%, with only two of the 45 youth referred coming back to the attention…Here young people learn from mistakes, understand consequences, give back to the community and learn better ways to handle the situations that got them into trouble.” John J. Murphy


Community Mediation Trends and Needs:

A Study of Virginia and Ten States Final Report and Recommendations



James Wilkinson

Wilkinson, James.  “Community Mediation Trends and Needs:  A Study of Virginia and Ten States.  Final Report and Recommendations” Virginia Association for Community Conflict ResolutionVirginia:  August, 2001.

In addition to
Virginia, Wilkinson surveyed the following states:  California, Florida, Hawaii, Indiana, Maryland, Michigan, New York, North Carolina, Oregon and Texas.   The study analyzed community mediation funding models, innovative services, legislation, and coalitions in each state surveyed. 


Compliance in Small Claims Court:

Exploring the Factors Associated with Defendants' Level of Compliance with Mediated and Adjudicated Outcomes



Jennie J. Long

Long, Jennie J. “Compliance in Small Claims Court:  Exploring the Factors Associated with Defendants’ Level of Compliance with Mediated and Adjudicated Outcomes.”  Conflict Resolution Quarterly.  (2003): 21.2 139-153.


In mediated cases, defendants (57.1%) tended to comply with case outcomes from a sense of personal responsibility…one defendant commented, “I did it simply because I said I would.  I signed the paper saying that I would do some things and so I felt compelled to do it.  I’m a man of my word.  I felt strongly enough about it to sign the paper saying that I would do these things, so I did it.”


Does it Work?

The Case for Conflict Resolution Education in Our Nation's Schools

Chapter 1:

Conflict Resolution Education in the United States



Tricia S. Jones, Ph.D. and Daniel Kmitta, Ed.D.

February 6, 2003

Jones, Tricia and Daniel Kmitta.  Does It Work?  The Case for Conflict Resolution in Our Nation’s Schools.  Washington, DC:  Conflict Resolution Education Network, (2000).


According to the Conflict Resolution Education Network (CRENET), 10% of the 86,000 K-12 schools in the
U.S. practice conflict resolution education. 


Does it Work?

The Case for Conflict Resolution Education in Our Nation's Schools

Chapter 1:

Conflict Resolution in the United States



Heather E. Prichard, Executive Director, CREnet

Jones, Tricia and Daniel Kmitta, Editors.  Does It Work?  The Case for Conflict Resolution Education in our Nation’s Schools.  CREnet:  Washington, DC.  2000


CREnet estimates that approximately 10-15% of US public schools offered some form of conflict resolution education programs as an integral component of their academic learning goals and school safety plant during the 1999-2000 academic year.


Dispute Resolution Centers Part II:

Outcomes, Issues, and Future Discussions



James Garofalo, Kevin Connelly

Garofalo, James and Kevin J. Connelly. “Dispute Resolution Centers Part II:  Outcomes, Issues & Future Directions.”  Criminal Justice Abstracts  (1980):  576-611.


The following studies were analyzed to conduct a comprehensive two-part evaluation of community dispute resolution centers across the country. The findings are presented in four sections:  short-term outcomes, long-term outcomes, continuing controversies and future prospects.



The Impact of Cultural and Religious Diversity in the Divorce Mediation Process


Nina R. Meierding

Meierding, Nina R.  “The Impact of Cultural and Religious Diversity in the Divorce Mediation Process.”  Mediation Quarterly.  (1992):  297-305. 


“Because societal and cultural norms are in a constant state of flux, the mediator must be continually evaluating and incorporating culturally bound issues into the negotiations.  Mediators must leave not only their egos at the door but their own ethnocentric attitudes about fairness.” (305)


An Analysis and Feasibility Study of Divorce Mediation and a Program for Its Marketing


Joyce Hauser

Hauser, Joyce.  “An Analysis and Feasibility Study of Divorce Mediation and a Program for its Marketing.”  11 MEDIATION Q. 171 (1997)


“…the majority of married, separated and divorced couples in the United States have not heard of divorce mediation and would not know where to find a mediator should they want one.” (173)


 Does Mediation Work? 

A Survey of Long-Term Satisfaction
and Durability Rates for Privately Mediated Agreements


Nina Meierding

Meierding, Nina, "Does Mediation Work - Long Term Satisfaction and Durability Rates for Privately Mediated Agreements." Mediation Quarterly  (1993) 11 (2) 157 - 170.


“Further, according to this sample, clients who are initially satisfied with the mediation process and their marital settlement agreements have tended to remain satisfied with the process long after the ink has dried on their divorce judgments.” (170)


Resolving Community Conflict:

The Dispute Settlement Center of Durham, North Carolina



Daniel McGillis

 

McGillis, Daniel. 1998. Resolving Community Conflict: The Dispute Settlement Center of Durham, North Carolina. Washington, DC: National Institute of Justice.

With funding from the local League of Women Voters, the
Dispute Settlement Center (“the Center”) in Durham, North Carolina opened in 1983.  Since then, the program has expanded from only mediating criminal cases to also handling family and divorce disputes, school conflict programs and corporate workplace training programs. 


The Effice or Culturally-Based Fairness Norms on Dispute Negotiations in Mediated Small Claims Cases


Christine Rack

Rack, Christine.  “The Effect of Culturally-Based Fairness Norms on Disputant Negotiations in Mediated Small Claims Cases.”  Peace Studies Annual Conference.  (2000)


The study found that Caucasian claimants achieved higher outcomes in mediation than Latinos… In the 25 cases involving Latino male claimants and Caucasian respondents, Latino males often offered to split the disputed amount in half. 


Machiavelli and The Bar:

Ethical Limitations on Lying in Negotiation



J. White

White, J.  “Machiavelli and the Bar:  Ethical Limitations on Lying in Negotiations.” American Bar Journal 1980 (1998): 67-76.


…the definition of truth is subject to the circumstances and substance of the negotiation. 



 National Symposium on Court-Connected Dispute Resolution Research:
"A Report on Current Research Findings - Implications for Courts and Future Research Needs."
"Family Mediation: Working Paper for the National Symposium on Court-Connected Dispute Resolution Research."
October 15-16, 1993 pgs. 60-63




For contested custody and visitation mediation cases, settlement rates were high across the board.  Cases that proceeded to court after failing to settle in mediation also had high settlement rates that preempted a court ruling.


Mediation of Mobile Home Landlord-Tenant Disputes:

An Assessment of Government Agency Implementation of Mediation



Bruce Stiftel

Stiftel, Bruce.  “Mediation of Mobile Home Landlord-Tenant Disputes:  An Assessment of Government Agency Implementation of Mediation.”  Mediation Quarterly.  (1996): 53-64.


As evidenced above, the settlement rate in
Florida’s mobile home landlord-tenant mediation program increased dramatically when the parties were allowed to participate voluntarily and the mediators were more experienced. 


Funding and Affiliation Community Mediation in Massachusetts:

A Decade of Development, 1975-1985



Albie M. Davis

Davis, Albie M.  “Community Mediation in Massachusetts:  A Decade of Development:  1975-1985.”  Salem, Mass.: Administrative Office of the District Court.  (1986):  44+.

There were 28 community mediation programs in
Massachusetts in 1986.  Community mediation programs throughout the state had budgets totaling $1,226,340.  Budgets ranged from $9,000 for the smallest program to $102,250 for the largest program in the state.  


Small Claims Mediation in Maine:

An Empirical Assessment



Craig A. McEwen and Richard J. Maiman

McEwen, Craig and Richard J. Maiman.  “Small Claims Mediation in Maine:  An Empirical Assessment.”  Maine Law Review  33 (1981)

The small claims mediation study in
Maine found that cases that were mediated were more likely to settle and to result in the Defendant paying some or all of the settlement compared to cases that were adjudicated.


Community Mediation Programs:

Developments and Challenges The Role of National Organizations in the Initial Growth of Community Mediation Programs


Daniel McGillis

United States. Dept. of Justice.  National Institute of JusticeNational Institute of Justice Issues and Practices Community Mediation Programs:  Developments and Challenges.  Washington:  GPO.  1997.


Community Mediation Programs:  Developments and Challenges
The Role of National Organizations in the Initial Growth of Community Mediation Programs Disputant, p. 33-38


Mediation in the Justice System:

A Paradox for Women



Janet Rifkin

Rifkin, Janet.  “Mediation in the Justice System.”  Women & Criminal Justice 1.1 (1989):  41-54.


Most volunteer mediators for mediation programs are women.  Like other fields of work, women are earning less as mediators than men are.  Primarily focusing on court and community related work, women make up the vast majority of the volunteer no paying part of the field; on the other hand, men are concentrated in the higher paying fields, which include environmental, corporate and arbitration mediation related work.  These findings confirm reports from most mediation programs that recruiting male mediators for community related work poses a challenge.


The Child Custody & Visitation Mediation Program in North Carolina:

An Evaluation of Its Implementation and Effects of Program Implementation



Laura F. Donnelly & Rebecca G. Ebron

Donnelley, Laura F. and Rebecca G. Ebron.  The Child Custody and Visitation Mediation Program in North Carolina:  An Evolution of Its Implementation and EffectsNorth Carolina Administrative Office of the Courts, 2000.


“… 74% of mediated cases in the court-controlled site reached consensus at mediation, compared to 47% in the attorney-controlled site.” 


An Evaluation of Michigan's Community Dispute Resolution Program

Executive Summary - Part II:

Findings



Harry Mika, PhD

Mika, Harry, PhD.  “An Evaluation of Michigan’s Community Dispute Resolution Program, Executive Summary” September, 1996.  Michigan Supreme Court State Court Administrative Office.


Eighty-four percent (84%) of the respondents say they would use the process again, 88% say they would recommend the process to others and 84% agree or strongly agree that they are satisfied with how their problem was handled.



 An Evaluation of Michigan's Community Dispute Resolution Program

Executive Summary - Part I


Program Overview & Development


Harry Mika, PhD

Mika, Harry, PhD.  “An Evaluation of Michigan’s Community Dispute Resolution Program, Executive Summary” September, 1996.  Michigan Supreme Court State Court Administrative Office.


CDRP has grown from its initial operating year of 1990 where 13 centers provided services in 12 counties, to 30 centers providing services in 82 counties in 1995.  The number of cases resolved annually has similarly increased from 660 cases in the first year, to a high of 3,756 cases resolved in 1994.


 An Evaluation of Michigan’s Community Dispute Resolution Program

Executive Summary Part I:

Program Overview and Development

Harry Mika, PhD

Mika, Harry, PhD.  “An Evaluation of Michigan’s Community Dispute Resolution Program, Executive Summary” September, 1996.  Michigan Supreme Court State Court Administrative Office.


“…program funding overshadows all other needs as the most significant challenge to the sustainability of CDRP.  Without a significant increase in resources, it is likely that up to one-half of current programs will fold within the next two years.”



National Institute of Justice:

Issues and Practices Community Mediation Programs:

Developments and Challenges Chapter 1:

An Overview of Developments in the Community Mediation Field pp. 1-23




Daniel McGillis

United States. Dept. of Justice.  National Institute of JusticeNational Institute of Justice Issues and Practices Community Mediation Programs:  Developments and Challenges.  Washington:  GPO.  1997.


The increased role of community mediation and alternative dispute resolution processes were acknowledged by The Massachusetts Supreme Court as having evolved past just an isolated phenomenon to an expectation and for some, a right.

 



National Institute of Justice:

Issues and Practices Community Mediation Programs:

Developments and Challenges Chapter 5:

Major Issues Confronting the Community Mediation Field, pp. 67-82



Daniel McGillis

United States. Dept. of Justice.  National Institute of JusticeNational Institute of Justice Issues and Practices Community Mediation Programs:  Developments and Challenges.  Washington:  GPO.  1997.


The three central principles they [SPIDR Commission on Qualifications] adopted were 1) No single entity should establish qualifications for neutrals; 2) The greater degree of choice parties have over process, program, or neutral, the less mandatory the qualification requirements should be, and 3) Qualification criteria should be based on performance rather than paper credentials. 



National Institute of Justice:

Issues and Practices Community Mediation Programs:

Developments and Challenges Chapter 2:

The Diversification of Dispute Resolution Services pp. 25-32


 

Daniel McGillis

United States. Dept. of Justice.  National Institute of JusticeNational Institute of Justice Issues and Practices Community Mediation Programs:  Developments and Challenges.  Washington:  GPO.  1997.


It appears that with increased diversity of cases and services, diverse referral and funding streams will also follow.  But the ability for many programs to diversify is influenced by the support given by policy makers, law enforcement organizations, judicial systems and government. 



National Institute of Justice: Issues and Practices Community Mediation Programs:

Developments and Challenges Chapter 3:

Establishing & Refining Community Mediation Programs:

Resources for Program Design, Support & Funding, pp. 33-46


Daniel McGillis

United States. Dept. of Justice.  National Institute of JusticeNational Institute of Justice Issues and Practices Community Mediation Programs:  Developments and Challenges.  Washington:  GPO.  1997.

The CDRP shows that within
Michigan, between 1990 and 1994, more than 24,000 citizens resolved their disputes and settlements totaled around $5 million.  CDRP has also shows that 81% of people who used mediation services were satisfied with the outcome and that 91% of agreements were kept.   


National Survey of Victim-Offender Mediation in the United States


Mark S. Umbreit & Jean Greenwood