Empirical Study of Family Mediation System

目前，美国有38个州立法规范家事调解，超过三分之二的法院调解项目有评估制度，审查协议率、执行率、客户满意度、再审率、客户要求，并根据研究结果努力改善调解服务。在加州，以法院为基础的调解案件估计超过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%的人认为调解员听取了他们的关切。百分之九十三的客户发现调解人为了孩子着想有很好的想法。百分之九十三的客户报告说，调解程序已向他们清楚地描述。84%的人在调解过程中不觉得匆忙。85%的家长表示，他们没有感到害怕，可以自由地说出自己的真实感受。86%的人表示，他们感到压力很大，不得不接受自己不想要的事情。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%的人对他们刚刚完成的会议结果感到满意。本研究参照上述研究与分析方法，对日本东京地区针对律师、调解员、调解消费者的调解方案进行了研究。本研究可能存在问卷收集方式、统计偏差等问题，但可以明确律师和调解员对调解的态度，以及日本调解制度现状中存在的问题。

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.