Spring 2016 | Page 7

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