A descriptive survey of family law mediators on influences on outcomes in family law mediation in British Columbia
Date
1995
Authors
Bircher, Robert John
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Abstract
A survey of family law mediators in the Province of British Columbia, Canada, revealed outcome rates and reported mediators' attitudes towards numerous factors that influence outcome in family mediation. The survey was restricted to lawyers certified by the Law Society of British Columbia to practice mediation; all 327 lawyer mediators in the Province were surveyed and 85 mediators responded. These mediators reported a 75.38% success rate (defined as a signed separation agreement or a consent order) which was achieved in an average of three to four sessions. Single issue mediations were reported to be more difficult to resolve than multiple issue mediations.
The mediators ranked the levels of difficulty of ten common issues in mediation on a Likert scale with access reported to be the easiest to resolve and spousal maintenance reported to be the most difficult.
Thirty-five factors that are believed to influence outcome were also ranked in order of significance showing that the clients' commitment to mediation is the most significant factor and whether or not the clients are common-law or married being the least significant.
The results indicated that mediators believe men have no particular advantage in mediation due to better negotiating skills, higher income and assets or being more competitive. The results di9 indicate that mediators believe that mediation affords women a greater opportunity to express their views than other forms of dispute resolution and that they tend to be more satisfied with the process than men.
Sixteen forms of power commonly seen in mediation were ranked in terms of difficulty to balance, with information and knowledge being the easiest to power balance and assertiveness and self-esteem rated the most difficult.
The results of this study will give practicing mediators contextual background data on these factors which will allow them to better predict outcomes in given fact situations.