Empirical Study of Family Mediation System

Research Project

Project/Area Number	13620057
Research Category	Grant-in-Aid for Scientific Research (C)
Allocation Type	Single-year Grants
Section	一般
Research Field	Civil law
Research Institution	Waseda University
Principal Investigator	TANAMURA Masayuki Waseda University, School of Law, Professor, 法学部, 教授 (40171821)
Project Period (FY)	2001 – 2002
Project Status	Completed (Fiscal Year 2002)
Budget Amount *help	¥2,300,000 (Direct Cost: ¥2,300,000) Fiscal Year 2002: ¥1,000,000 (Direct Cost: ¥1,000,000) Fiscal Year 2001: ¥1,300,000 (Direct Cost: ¥1,300,000)
Keywords	family mediation / evaluation / custody mediation / divorce mediation / conciliation / mediated agreement / 調停前置主義 / 子の監護 / 面接交渉 / ミディエーション
Research Abstract	Currently, there are 38 states that have legislation regulating family mediation in USA, more than two-third court-connected mediation programs have evaluation system that reviews agreement rates, performance rates, client satisfaction, relitigation rates, clients' request, and try to improve mediation services based on the research results. In California, the number of court-based mediation case is estimated more than 70,000. According to the evaluation result, ninety percent of all clients said that mediation was a good way to come up with a parenting plan. Ninety-two percent felt that the mediator listened to their concerns. Ninety-three percent of the clients found that the mediator had good ideas to think about for the sake of the children. Ninety-three percent of clients reported that mediation procedures had been described to them clearly. Eighty-four percent did not feel rushed in the mediation session. Eighty-five percent of parents reported that they did not feel intimidated and freely said what they really felt. Eighty-six percent said that they felt to pressure to go along with things they did not want. Seventy-seven percent of clients thought that mediation helped them to see more ways to work together as parents. Sixty-three percent of clients identified community resources through mediation. Seventy-six percent were satisfied with the results of the session that they had just completed. Referring to the methods of research and analization above, this study conducted the research on the mediation programs in Japan toward lawyers, mediators, the consumers of mediation in the area of Tokyo. There may be a criticism to the ways of collection of questionnaires, the deviation of statistics, this study, however, could make it clear lawyers and mediators' attitudes toward mediation, the problems of the present situation surrounding the mediation program in Japan.