A recent survey of the Family Law Mediation Program participants indicates high satisfaction levels, despite a decline in settlement rates. The program, established in 2008, offers up to six hours of mediation for resolving parenting rights and grandparent visitation issues. Historically, the program's average settlement rate was 74%, but it dropped to 71% according to a 2022 review.
The effectiveness of settlements is partially measured by the percentage of cases reopened within three years. Before 2008, this rate was 27%. A follow-up study in 2013 showed a decrease to 18%, with the rate remaining steady at 17% in the latest review.
Participant satisfaction remains strong, with a recent survey concluding at the end of October showing a satisfaction rate of 93%, an increase from the historical average of 87%.
Participation in the Family Law Mediation Program is mandatory for new cases involving contested parenting time or responsibilities and incurs no cost. If reopened for these issues, cases may again be referred to mediation without charge. A separate study in 2015 revealed a post-judgment motion settlement rate of 79%.
Since its launch, the program has seen nearly 17,000 referrals and accepted over 10,000 cases. In addition to this program, an expedited mediation service began in 2020. It allows parties with existing North Dakota parenting orders or plans to request mediation without court motions. This voluntary service aims for completion within seven days and has accepted about half of its referrals.
Rule 5 of the Rules of Appellate Procedure also provides post-judgment mediation services for appeals involving parenting disputes, offering up to six hours free of charge.
For further details on these programs, visit: https://www.ndcourts.gov/Media/Default/legal-resources/legal-self-help/expedited-mediation-difference.pdf and https://www.ndcourts.gov/Media/Default/Legal%20Resources/family-law-mediation-program/faminfo.pdf and https://www.ndcourts.gov/legal-resources/rules/ndrappp/5