Empirical Study of Family Mediation System

目前，美国已有38个州立法规范家事调解，三分之二以上的法院调解项目都有评估体系，评估的内容包括协议率、执行率、当事人满意度、再诉率、当事人请求，并根据研究结果改进调解服务。在加州，法院调解案件数量估计超过7万件。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%的人认为调解人倾听了他们的关切。93%的当事人认为调解人有好的想法，可以考虑为孩子着想。93%的客户报告说，已向他们清楚地说明了调解程序。84%的人在调解会议上没有感到匆忙。85%的父母报告说，他们没有感到害怕，并自由地说出他们的真实感受。86%的人说，他们感到有压力去沿着他们不想要的东西。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%的受访者对本次会议的结果表示满意。本研究参照上述研究分析方法，以东京地区的律师、调解员、调解消费者为对象，对日本的调解项目进行了研究。调查问卷的收集方式、统计数据的偏差可能会引起批评，但本研究可以明确律师和调解员对调解的态度，以及日本调解程序的现状存在的问题。

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.