Alternative Dispute Resolution

Alternative dispute resolution involves nonadversarial methods of resolving cases that might otherwise be decided in a court hearing. Mediation is one common strategy. Resources include State and local examples.

In the Best Interests of Children: A Proposal to Transform the Adversarial System
University of South Florida Conflict Resolution Collaborative
Family Court Review, 42(2), 2004
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Highlights the literature on dispute resolution systems design and proposes a new approach to better serve the interests of children in family law and child protection cases.

Information Packet: Child Welfare Mediation (PDF - 118 KB)
National Resource Center for Family-Centered Practice and Permanency Planning (2003)
The mediation process, legislation affecting mediation, cost effectiveness, best practices, model programs, and guidelines for implementing a mediation program.

Mediation in Child Protection Cases (PDF - 200 KB)
Edwards
Journal of the Center for Families, Children & the Courts, 5, 2004
An overview of child protection proceedings and the use of mediation as a viable alternative to the traditional adversarial process, including guidelines for a successful program.

Statewide Initiatives to Encourage Alternative Dispute Resolution and Enhance Collaborative Approaches to Resolving Family Issues
Colorado Judicial Branch, Office of Dispute Resolution
Family Court Review, 42(2), 2004
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Describes statewide initiatives and pilot projects in the courts to use less adversarial and more collaborative approaches to resolve family issues.

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State and local examples

Alternative Dispute Resolution in Abuse and Neglect Cases
DiMauro
Vermont Bar Journal, 26, 2000
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A summary of Vermont child welfare agencies' use of alternative dispute resolution, including the planning system model and outcomes of a trial program.

Child Abuse, Neglect, and Dependency Mediation Pilot Project
Trosch, Sanders, & Kugelmass
Juvenile and Family Court Journal, 53(4), 2002
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Details the Mecklenburg County (NC) Family Court's implementation of the Child Abuse, Neglect, and Dependency Mediation Pilot Project to provide children with a safe and permanent home in a more timely manner.

The Cooperative Permanency Project
Virginia State Department of Social Services (2001)
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Summarizes the Cooperative Permanency Project (CPP), a pilot project in Virginia that used mediation to expedite permanency for children and increase communication among all parties. Includes curriculum for the Child Welfare Mediation Training.

Dependency Mediation: Help for Families and Courts
Center for Policy Research
Juvenile and Family Court Journal, 51(2), 2000
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Highlights findings of an evaluation of the dependency mediation program implemented by Colorado's Fourth Judicial District.

Dependency Mediation in Colorado's Fourth Judicial District
Thoennes
Colorado Lawyer, 30(2), 2001
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Describes the Dependency Mediation program, the mediation process, settlements, and a survey of program participants with recommendations for future considerations.

Mandatory Custody Mediation: Empirical Evidence of Increased Risk for Domestic Violence Victims and Their Children (PDF - 4560 KB)
Saccuzzo, Johnson, & Koen (2003)
A review of custody cases indicates standard procedures are necessary to ensure that mediators identify cases of domestic violence and include those conclusions in recommendations to the court.

Mediation in Juvenile Dependency Court: Multiple Perspectives
Santa Clara County Model Court Team
Juvenile and Family Court Journal, 53(4), 2002
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A synthesis of perspectives from all stakeholders involved in dependency court on the use of confidential mediation, its strengths and weaknesses, and its future use in the court system.

Permanency Planning Mediation Pilot Program: Evaluation Final Report (PDF - 516 KB)
Michigan State Courts Administrative Office (2004)
A program evaluation report including key findings, lessons learned, recommendations for further study, and a literature review.

Predictors of Satisfactory Mediation Outcomes in Juvenile Dependency Court
Minkus (2002)
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Explored and identified factors predictive of agreement during mediation in juvenile dependency cases to help develop a referral procedure.

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