Massachusetts

Civil Justice Reform Act of 1990

Resource Type: Legislation

Abstract: With this bill, each United States district court is required to develop a civil justice expense and delay reduction plan. As part of this plan, the act authorizes district courts to refer appropriate cases to designated ADR programs. The act also re...

Alternative Dispute Resolution Act of 1998

Resource Type: Legislation

Abstract: This act authorizes each United States District Court to require litigants in all civil cases to consider the use of ADR process. It provides the framework by which each district court should promulgate procedures and rules regarding the ADR process ...

General Laws of Massachusetts: Chapter 218, Section 22 - Small Claims Procedure

Resource Type: Legislation

Abstract: Under this statute, when a plaintiff commences a small claims action they shall be informed that the action may be submitted to mediation at the request of either party and with the agreement of both parties.  ...

General Laws of Massachusetts: Chapter 150, Section 10A - Mediators; confidential information

Resource Type: Legislation

Abstract: Under this statute, mediators of labor disputes are not required to reveal information they learned while conducting a labor dispute mediation.  ...

General Laws of Massachusetts: Chapter 233, Section 23C - Work product of mediator confidential; confidential communications; exception: mediator defined

Resource Type: Legislation

Abstract: This law addresses confidentiality as an essential factor in the mediation process. It also defines a mediator for the purposes of the section in terms of his/her role and qualifications. ...

General Laws of Massachusetts: Chapter 218, Section 43E - Community mediation advisory board; coordinator

Resource Type: Legislation

Abstract: This statute establishes a community mediation advisory board, which advises the chief justice of the district court department on "matters pertaining to the utilization and role of community mediation in the district court department." The five-memb...

General Laws of Massachusetts: Chapter 211B, Section 19 - Mandatory alternative dispute resolution program

Resource Type: Legislation

Abstract: This statute instructs the chief justice for the trial court to "establish and promulgate" rules for a mandatory ADR program for civil cases, subject to supreme judicial court approval and appropriation of funds. It also makes the chief judge for adm...

Massachusetts Uniform Magistrate Rule 4 - Mediation of Small Claims Actions

Resource Type: Rules - Court

Abstract: Under this rule, all small claims actions may be submitted to a magistrate of the court for mediation and resolution at the request of either party and with the agreement of all parties. The rule outlines procedures for giving notice, conducting medi...

Massachusetts Supreme Judicial Court Rule 1:18 - Uniform Rules on Dispute Resolution

Resource Type: Rules - Court

Abstract: Rule 1(a) states that "these rules govern court-connected dispute resolution services provided in civil and criminal cases in every department of the Trial Court. The Ethical Standards in Rule 9 also apply to neutrals who provide court-connected disp...

Eviction Prevention and Diversion Programs - Early Lessons from the Pandemic

Resource Type: Report

Abstract: This report details the diversity of court-based and court-adjacent eviction prevention and diversion programs that were created or adapted to prevent evictions during the COVID-19 pandemic. In this resource, eviction prevention and diversion program...

Online Dispute Resolution in the United States

Resource Type: Report

Abstract: The ABA Center for Innovation surveyed the extent of court-annexed online dispute resolution (ODR) in the United States as it existed at the end of 2019. This report contains statistics and visualizations to document the information captured from the...

Parent Mediation Program Evaluation Report: January-June 2019 & Fiscal Year 2019

Resource Type: Study

Resource Type: Mediation Efficacy Study

Abstract: According to this study, custody and parenting time mediation in Massachusetts is providing parents with multiple benefits while facilitating agreements. The study found that 74% of mediations ended in an agreement. Additionally, parents reported mul...

ADR in the Federal District Courts: An Initial Report

Resource Type: Report

Abstract: This report describes the use of ADR in the federal courts. Twelve years after the Alternative Dispute Resolution Act required federal courts to provide ADR services for all civil cases, every federal district court has authorized at least one form o...

Foreclosure Mediation in Depth: Articulated Purposes and Objectives for Foreclosure Mediation Programs

Resource Type: Report

Abstract: This report lists the stated purposes behind the creation of foreclosure mediation programs in 26 states. Program goals include ensuring communication, improving efficiency and timeliness, assisting borrowers, and stabilizing communities. Heather S....

Foreclosure Mediation Programs Funding: A Review of 24 Currently Operating Foreclosure Mediation Programs

Resource Type: Report

Abstract: This report describes the structure and funding of foreclosure mediation programs in 24 states. It also reviews how compensation is provided, if at all, for program staff, mediators and attorneys for borrowers. An executive summary of this report is...

An Analysis of Diversity Trainings in United States Community Mediation Centers

Resource Type: Study

Abstract: In 2009, the Dispute Resolution Center in Ann Arbor, Michigan conducted a study in cooperation with the State Court Administrative Office of Michigan to analyze "diversity trainings at community mediation centers across the country" (p.2). The study ...

Exemplary Family Court Programs and Practices: Profiles of Innovative and Accountable Court-Connected Programs

Resource Type: Report

Abstract: This report provides information on court programs found to represent the best practices of the courts. Programs in the report include collaborative divorce, child protection mediation, permanency planning mediation, and mediation for cases involving...

Massachusetts Office of Dispute Resolution Progress Report FY2001

Resource Type: Report

Abstract: The Massachusetts Office of Dispute Resolution (MODR) began as a pilot project in 1985, was established by law in 1990 and is "a state agency dedicated to promoting and facilitating Alternative Dispute Resolution (ADR) within public entities." This r...

Massachusetts Office of Dispute Resolution Progress Report FY1998 - FY2000

Resource Type: Report

Abstract: The Massachusetts Office of Dispute Resolution (MODR) began as a pilot project in 1985, was established by law in 1990 and is "a state agency providing mediation, facilitation, arbitration, case evaluation, alternative dispute resolution (ADR) traini...

Massachusetts Office of Dispute Resolution Progress Report FY1994 - FY1997

Resource Type: Report

Abstract: This report covers the fiscal years 1994 through 1997. It provides information regarding Superior Court Mediation and Evaluation Programs, environmental mediation programs, regulatory negotiation, dispute resolution training and special projects....

An Evaluation of Selected Mediation Programs in the Massachusetts Trial Court

Resource Type: Evaluation

Resource Type: Mediation Efficacy Study

Abstract: This evaluation examines the mediation programs in both District Court (small claims cases) and Superior Court (a variety of civil cases) in terms of the case outcome and satisfaction with the process and outcome. It found that in all programs there ...

The Effects of Mandatory Mediation: Empirical Research on the Experience of Small Claims and Common Pleas Courts

Resource Type: Study

Resource Type: Mediation Efficacy Study

Abstract: "This article reports research in two different court settings: small claims courts and common pleas courts. First, it examines the theoretical and empirical differences between mediation and adjudication, discusses the factors leading to the adoptio...

Mediation and Adjudication in the Small Claims Court: The Effects of Process and Case Characteristics

Resource Type: Study

Resource Type: Mediation Efficacy Study

Abstract: The study described in this article attempted to discover the reason for differences in effectiveness between small claims cases that were adjudicated and those that were mediated in four district courts in the Boston area. After comparing case chara...

Middlesex Multi-Door Courthouse Evaluation Project: Final Report

Resource Type: Study

Abstract: A multi-door courthouse was set up in Cambridge, MA, in 1990. In the program, civil cases were sent via referral or, during the evaluation period, through random assignment. Parties paid an administration fee as well as a fee for the neutral's time. ...

Massachusetts Office of Public Collaboration

Resource Type: Organization

Abstract: Massachusetts Office of Public Collaboration, previously called the Office of Dispute Resolution and Public Collaboration, works out of the University of Boston and was officially established by law in 1990. The organization's mission is to work with...

National Center for Technology and Dispute Resolution

Resource Type: Organization

Abstract: The National Center for Technology and Dispute Resolution "supports and sustains the development of information technology applications, institutional resources, and theoretical and applied knowledge for better understanding and managing conflict." T...