Empirical Study of Family Mediation System

目前，美国有38个州立法规范家庭调解，超过三分之二的法院调解项目有评估系统，根据研究结果审查协议率、履约率、客户满意度、缓解率、客户请求，并努力改善调解服务。在加利福尼亚州，法院调解案件的数量估计超过7万起。根据评估结果，90%的客户表示调解是制定育儿计划的好方法。92%的人认为调解人听取了他们的关切。93%的客户发现，调解人为了孩子有好的想法要考虑。93%的客户报告说，已经向他们清楚地描述了调解程序。84%的人在调解过程中并不感到匆忙。85%的家长表示，他们不觉得被吓倒，畅所欲言。86%的人表示，他们感到压力，不得不顺从自己不想要的东西。77%的客户认为调解帮助他们看到了更多作为父母一起工作的方式。63%的客户通过调解确定了社区资源。76%的受访者对刚刚结束的会议结果感到满意。参照上述研究和分析的方法，本研究对日本东京地区的律师、调解员、调解消费者的调解程序进行了研究。问卷的收集方式可能会受到批评，统计数据可能会出现偏差，但本研究可以清楚地了解律师和调解人对调解的态度，以及围绕日本调解计划的现状问题。

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.