Family Law Mediation Program
Celebrates Eight Years of Success
By Cathy Ferderer
The Family Law Mediation Program
celebrated its eighth anniversary on
March 1. Over the last eight years, the
program has gone from a two district pilot
to a statewide program of the court, with 29
contracted mediators across the state. Three
thousand cases have been accepted into the
program since its implementation, and the
number of cases has increased on a yearly
basis with a high of 613 cases accepted in
2015.
An independent evaluation of the program
was conducted by Greacen Associates,
and a final report was issued on July 30,
2013. Findings of that report show the
program had been successfully implemented
statewide. The 2013 report also found parties
fully resolved 51 percent of parenting time
disputes during mediation. They reached a
partial resolution in an additional 24 percent
of the cases, for a total resolution rate of 75
percent of the cases. Satisfaction rates were
very high, with 87 percent of mediation
participants reporting they were overall
satisfied with the mediation process. Those
numbers continue to remain steady with 46
percent of cases reaching full agreement and
an additional 30 percent reaching partial
agreements for a positive impact on 76
percent of cases in 2015. The satisfaction
rate also continues to be very high, with 92
percent of mediation participants reporting
overall satisfaction with the mediation
process.
The court has seen cost savings and a
reduction in the length of proceedings. The
2013 report found a significant drop in
post-decree filings per case, with districts
reporting anywhere from a 49 percent to
86 percent decrease in post-judgement
modifications. Case length was also
shortened by an average of 28 percent.
As we move forward with the Family
Mediation Program, it is critical the program
continues to monitor progress and receive
feedback from all involved. Another need
is to continue to get information to all
involved. Attorneys play a key role in this by
providing information to their clients.
Attorneys who ensure their parties are
well prepared for mediation increase the
success and satisfaction for all involved.
Once the parties are referred to mediation,
a lawyer and client should meet prior to the
mediation to prepare. Just like preparation is
critical in negotiation or litigation, it is also
critical in mediation.
First, attorneys should help clients
understand the mediation process. Mediation
is not an encumbrance placed on them,
rather it is a means to empower them to
resolve their own disputes. Attorneys should
help the client to define the issues that are
in dispute. Discussions around residential
schedule, summer schedule, holiday schedule,
property division, spousal support, and
financial issues related to children should be
part of the preparation. In many cases, parties
may also be mediating division of assets and
debts. If so, it is helpful when parties come
prepared with information about values of
assets and debts, life insurance cash values,
pensions, and retirement accounts. A well
prepared client, who has spent time talking
through issues and options, is in the best
position to negotiate a fair settlement.
More information on the Family Law
Mediation Program can be found at
http://www.ndcourts.gov/court/rules/NDROC/
rule8.1.htm.
Cathy Ferderer is the Administrator of
the Family Mediation Program with the
North Dakota Supreme Court. Hired in
2008, she has successfully implemented the
program statewide and worked to create a
mediation program for the appellate court.
She recently expanded her duties to include
the designation of domestic violence point
of contact for the court system.
Nationally, many benefits from implementing
alternative dispute resolution processes have
been reported. The 2013 report found many
of those benefits were realized by parties,
attorneys, and the court. The program has
given parties more control over the process
during a time of great stress. Even though
the conflict can be intense, mediation
focuses on finding acceptable solutions
for all involved which leads to greater
satisfaction, less time and money spent, and
comprehensive and customized agreements,
which are more likely to be followed and
have better overall outcomes for children and
families.
SPRING 2016
7