Mediation versus Litigation: The impact on children's length of stay in foster care

Problem: Negative health outcomes for children have been linked to length of stay in foster care and multiple foster care placements. The use of dependency mediation as an alternative to traditional dependency litigation may improve child outcomes through the reduction of length of stay in foster care. Purpose: This study compares the use of dependency mediation versus dependency litigation in rural and urban counties in Florida. Method: Data were collected via in-person survey (N=950) from parents and their attorneys, foster parents, protective service personnel, dependency mediators, and guardians ad litem and their attorneys. Data collection included courtroom observations of litigated cases (N=100), retrospective case review (N=395), and a statewide survey of all dependency mediators (N=39) from January to December 2008. Outcomes evaluated included cost of program, time to permanency, participant satisfaction, and nature and quality of mediation and litigation procedures.Results: Preliminary results from the statewide mediator survey indicate variations in procedures across mediation locations. Reported benefits of mediation include parental empowerment and involvement in development of case plan. Negative assessments were related to perceived power and control issues between mediation parties and court personnel, and limited time and financial resources for mediation activities. Differences between mediation and litigation will be assessed using bivariate and multivariate analysis, and cost effectiveness assessments. Implications for Public Health: Children in foster care are among those at highest risk for negative health outcomes. Improvement of protective service processes may result in significant reduction of health problems for this group of children.