MEDIATION ALONGSIDE LITIGATION
Monitoring Questionnaire Version 201 D-1 9 December 2005

Questionnaire for referrer during hearing (1)

D 1. Case number1 …………………………………………………..

D 2. Mediation number .. – …….. (to be completed by mediation administration office)

D 3. Referral date .. / .. / …. (day/month/year)

D 4. Name of referrer: ……………………………………………………..

D 5. Please indicate the extent to which each of the following reasons was applicable in your decision to refer the case for mediation.
Not applicable (1) Somewhat applicable (2) Completely applicable (3)
A court decision will not resolve the true problem – 1 2 3
The parties have to deal with each other in the future – 1 2 3
Mediation provides a quicker resolution –  1 2 3
The parties proposed mediation themselves –  1 2 3

D 6. Please indicate the degree to which the following characteristics are present.
low/ not low/not high/high
Degree to which the parties are willing to negotiate –  1 2 3
Degree of escalation of the conflict – 1 2 3
Degree to which there is room for negotiation – 1 2 3

D 7. Please provide any additional comments or suggestions you may have, as well as indicate other relevant matters not discussed in this questionnaire. ………………………………………………………………………………………………… ……………………………………………………………………………………………………
1 Fill in 12 numbers for an administrative case, 11 numbers for a civil case and 9 numbers for a Sub-District Court case.

MEDIATION ALONGSIDE LITIGATION
Monitoring Version 201 MA- 1 9 December 2005

Questionnaire for mediation administration office (2)

Section: ……………….

A 1. Case number1 ………………………………..

A 2. Mediation number2 .. -…………………….

A 3. Receipt date of notice of end of mediation ……/………../……….. (day/month/year)

A.4 Name of team mediator or other mediator ………………………………………………

A.5 Hourly rate of team mediator or other mediator EUR…………………………

A.6 Name of team mediator3 ……………………………………………….

A.7 Hourly rate of team mediator4 EUR………………………………….. Referral characteristics

A. 8 Point in the proceedings when referral was made

civil

a) immediately after the summons/petition
b) after the defence
c) after the reply/rejoinder
d) during the hearing or appearance of the parties
e) after the hearing/after the appearance of the parties
f) during oral arguments
g) after/during the examination of witnesses, on-site inspection by the court, inquiry, expert study
h) after the interlocutory judgment
i) other, specifically, ……………………………………………………..

administrative law

a) immediately after receipt of the notice of appeal/petition
b) after receipt of the documents and defence (before the preliminary inquiry)
c) after the preliminary inquiry
d) through the appearance of the parties
e) during the court hearing
f) other, specifically, …………………………………………………..

tax

a) after the notice of appeal
b) while the case was being prepared for hearing
c) during the court hearing
d) other, specifically, …………………………………………………..

1 Fill in 12 numbers for an administrative case, 11 numbers for a civil case and 9 numbers for a Sub-District Court case. Also fill in this information in all questionnaires for mediators, parties and attorneys.
2 This must always be filled in here, as well as on all other questionnaires.
3 Only fill in A.6 and A.7 if there is team mediation.
4 Only fill in A.6 and A.7 if there is team mediation.

A.9 Specific case characteristics Civil and/or Sub-District Court

a) employment
b) neighbours’ rights and obligations
c) consumer
d) lease
e) inheritance
f) spousal maintenance
g) division of matrimonial property after divorce
h) division of matrimonial property/spousal maintenance after divorce
i) other matters relating to divorce (including visitation rights)
j) other matters relating to family
k) dissolution of legal entity/termination of partnership
l) health law
m) contract law/agreement/purchase-swap/commercial services
n) other civil matters
o) preliminary relief proceedings
p) petition to President
q) other, specifically,…………………..

Administrative law and/or tax law

a) Social Assistance Act
b) Disability Act
c) Social Security – other
d) Subsidies relating to former Administrative Decisions (Appeals) Act
e) Matters other than subsidies relating to former Administrative Decisions (Appeals) Act
f) Preliminary relief – Social Assistance Act – Disability Act – Social Security – other – Matters relating to civil servants – Matters relating to former Administrative Decisions (Appeals) Act
g) other, specifically, …………………..

Tax law, Court of Appeal:

a) State taxes type of tax (fill in) …………………………………
b) other government taxes type of tax (fill in) …………………………………

Questionnaire for mediator (3)

M 1. Case number1 …………………………….. (to be filled in by the mediation administration office)

M 2. Mediation number .. – ……… (must always be filled in)

M 3. Name of mediator: ……………………………………….
Acted as:
○ solo mediator
○ team mediator (paid)2 name of team mediator:…………………………….
○ supervisor of co-mediator3 name of co-mediator …………………………………..
co-mediator’s training …………………………………………

M 4. Date of first session .. / .. / …. (day/month/year)

M 5. Date of last session .. / .. / …. (day/month/year)

M 6. Number of sessions …..

M 7. Location of the session 0 mediation room in the court building 0 the mediator’s or parties’ own space4 0 partly, the mediation room/partly, the mediator’s or parties’ own space

M 8. Amount of time (hours:minutes) ../.. (hours/minutes) contact hours (with the party(ies) at the sessions) ../.. (hours/minutes) drawing up the agreement determining the parties’ legal relationship (If there is team mediation, please fill in the amount of time personally spent by you and do not count your partner’s time)

M 9. Did someone provide legal assistance for the claimant/interested party at the sessions? ○ no, go to question M 12 ○ yes, at session 1 – 2 – 3 – 4 – 5 – 6 – 7

M 10. In your opinion, did this person’s contribution affect the course of the mediation? ○ yes, favourably ○ yes, adversely ○ no, no effect
1 Fill in 12 numbers for an administrative case, 11 numbers for a civil case and 9 numbers for a Sub-District Court case.
2 Each team mediator must complete his/her own monitoring questionnaire.
3 The co-mediator signs the mediation agreement, but does not complete a monitoring questionnaire.
4 Any space besides the mediation room in the court building.

M 11. In your opinion, did this person’s presence affect the outcome of the mediation? ○ yes, favourably ○ yes, adversely ○ no, no effect

M 12. Did someone provide legal assistance for the defendant/respondent at the sessions? ○ no, go to question M 15 ○ yes, at session 1 – 2 – 3 – 4 – 5 – 6 – 7

M 13. In your opinion, did this person’s contribution affect the course of the mediation? ○ yes, favourably ○ yes, adversely ○ no, no effect

M 14. In your opinion, did this person’s presence affect the outcome of the mediation? ○ yes, favourably ○ yes, adversely ○ no, no effect Result of mediation

M 15. Was agreement reached? ○ full agreement ○ partial agreement ○ no agreement

M 16. Was an agreement determining the parties’ legal relationship or another agreement concluded? ○ yes ○ no Financial interest

M 17. Is there a financial interest involved? ○ yes ○ no

M 18. If yes, what is the amount of the financial interest? If the matter relates to a regularly recurring amount for an indefinite period of time, please indicate the total amount per year (for example, a spousal maintenance amount of EUR 100 per month will be EUR 1,200) 4 less than EUR 500 4 EUR 500 to EUR 5,000 4 EUR 5,000 to EUR 20,000 4 EUR 20,000 to EUR 45,000 4 EUR 45,000 or more 4 unknown

M 19. Please provide any additional comments or suggestions you may have, as well as indicate other relevant matters not discussed in this questionnaire. ……………………………………………………………………………………………………… ……………………………………………………………………………………………………… ……………………………………………………………………………………………………… ……………………………………………………………………………………………………… ……………………………………………………………………………………………………… ………………………………………………………………………………………………………

Questionnaire for parties after mediation (4)

Please fill in this questionnaire completely. Please circle your response or tick the appropriate box.

P 1. Case number ……………. (to be filled in by the mediation administration office)

P 2. Mediation number .. -……. (to be filled in by the mediation administration office)

P 3. What is your role in the proceedings? ○ claimant/petitioner (or claimant’s/petitioner’s representative) ○ defendant/respondent (or defendant’s/respondent’s representative) ○ interested third party

P 4. In what capacity are you conducting the proceedings? ○ as a private citizen ○ as a company/organisation (or its representative) ○ as a government body (or its representative)

P 5. Before you commenced the legal proceedings, were you familiar with mediation? ○ yes ○ no

P 6. How did you become aware of mediation? (multiple responses possible) 4. ○ through a brochure 5. ○ through an attorney 6. ○ through a judge/court 7. ○ through the press/media/professional literature 8. ○ through the municipality/province 9. ○ through the other party 10. ○ through family/friends/work/colleagues 11. ○ other, specifically, ………………….…………………………………

P 7. Please indicate how important each of the reasons below was to you in choosing mediation (if a situation did not occur, for example, if the other party did not propose mediation, you can fill in “not applicable”.) Not important Somewhat important important not applicable expected a better resolution than if the court decided the case 1 2 3 4
expected a quicker resolution than if the court decided the case 1 2 3 4
wanted to have control over the resolution 1 2 3 4
less expensive than court proceedings 1 2 3 4
the first 2.5 hours of mediation were free 1 2 3 4
better for the future relationship with the other party 1 2 3 4
my attorney recommended mediation 1 2 3 4
the judge recommended mediation 1 2 3 4
the other party proposed mediation 1 2 3 4

P 8. Please indicate the degree to which you are satisfied with the specific aspects of the mediation. Please circle your response. very dissatisfied dissatisfied neither satisfied nor dissatisfied satisfied very satisfied
duration of the mediation 1 2 3 4 5
the amount of the financial costs for me 1 2 3 4 5
outcome of the mediation 1 2 3 4 5

P 9. Name of mediator I: …………………………………………..
Please indicate how satisfied you are about the following aspects of mediator 1: very dissatisfied/ dissatisfied/ neither satisfied nor dissatisfied/ satisfied/ very satisfied Impartiality 1 2 3 4 5
Manner in which he/she conducted the mediation 1 2 3 4 5
Care given to the matter 1 2 3 4 5

Only fill in question 10 if two mediators were involved in the mediation.

P 10. Name of mediator 2: …………………………………………..
Please indicate how satisfied you are about the following aspects of mediator 2: very dissatisfied/ dissatisfied/ neither satisfied nor dissatisfied/ satisfied/ very satisfied Impartiality 1 2 3 4 5
Manner in which he/she conducted the mediation 1 2 3 4 5
Care given to the matter 1 2 3 4 5

P 11. Would you choose mediation again for a similar conflict situation? ○ yes ○ perhaps ○ no

P 12. Are you litigating with an appointment from the Legal Aid Council? ○ yes, if yes: appointment number: ………………………….. ○ no ○ don’t know

P 13. How much have the mediator’s costs been for you approximately? ○ no costs ○ less than EUR 200 ○ EUR 200 to EUR 400 ○ EUR 400 to EUR 600 ○ EUR 600 to EUR 800 ○ EUR 800 to EUR 1000 ○ EUR 1000 or more ○ don’t know

P 14. Would the costs be a reason for you to choose or not choose mediation in the future? ○ a reason to choose mediation ○ a reason not to choose mediation ○ don’t know

P 15. Please provide any additional comments or suggestions you may have, as well as indicate other relevant matters not discussed in this questionnaire. ……………………………………………………………………………………………………… ……………………………………………………………………………………………………. ……………………………………………………………………………………………………… ……………………………………………………………………………………………………… ………………………………………………………………………………………………………

Questionnaire for person providing legal assistance (5)

Please fill in this questionnaire completely.

R 1. Case number …………. (to be filled in by the mediation administration office)

R 2. Mediation number .. -……. (to be filled in by the mediation administration office)

R 3. Are you: ○ an attorney ○ a representative ad litem

R 4. Are you acting on behalf of: ○ the claimant/petitioner ○ the defendant/respondent ○ an interested third party

R 5. Before this case, were you familiar with mediation? ○ yes ○ no

R 6. How did you become aware of mediation? (multiple responses possible) d) through a brochure e) through a professional colleague f) through a judge/court or the Public Prosecutor g) through professional literature h) through other press/media i) I am a mediator myself g) other, specifically ……………………………………………………………..

R 7. Did you recommend mediation to your client? ○ yes ○ no (go to question 9)

R 8. You recommended mediation. Please indicate for each of the following aspects whether they were not, somewhat or completely applicable to you in recommending mediation. Not applicable/ somewhat applicable/ completely applicable expected a better resolution than if the court decided the case 1 2 3 expected a quicker resolution than if the court decided the case 1 2 3
the party wanted to have control over the resolution 1 2 3
less expensive for the client than court proceedings 1 2 3
better for the future relationship with the other party 1 2 3
the judge recommended mediation 1 2 3
a professional colleague recommended mediation 1 2 3
the other party proposed mediation 1 2 3
Go to question 10.

The following question is only for persons providing legal assistance who did not recommend mediation.

R 9. You did not recommend mediation. Please indicate for each of the following aspects whether they were not, somewhat or completely applicable to you in not recommending mediation. Not applicable/ somewhat applicable/ completely applicable
There is a need for a public/legal decision 1 2 3
There was no room for negotiation 1 2 3
The case had escalated too much 1 2 3
Poor communication between the periods 1 2 3
Lack of confidence in mediation as a method 1 2 3

Please indicate in question 10 the degree to which you are satisfied with specific aspects of the mediation. Please circle your response.

R 10. Mediation aspects: very dissatisfied/ dissatisfied/ neither satisfied nor dissatisfied/ satisfied/ very satisfied very
duration of the mediation 1 2 3 4 5
outcome of the mediation 1 2 3 4 5
Questions 11 and 12 ask you to evaluate the mediator(s).

R 11. Name of mediator I: …………………………………………..
Please indicate how satisfied you are about the following aspects of mediator 1: very dissatisfied/ dissatisfied/ neither satisfied nor dissatisfied/ satisfied/ very satisfied Impartiality 1 2 3 4 5 Manner in which he/she conducted the mediation 1 2 3 4 5 Care given to the matter 1 2 3 4 5 Only fill in question 12 if two mediators were involved in the mediation.

R 12. Name of mediator 2: …………………………………………..
Please indicate how satisfied you are about the following aspects of mediator 2: very dissatisfied/ dissatisfied/ neither satisfied nor dissatisfied/ satisfied/ very satisfied Impartiality 1 2 3 4 5
Manner in which he/she conducted the mediation 1 2 3 4 5
Care given to the matter 1 2 3 4 5