Massachusetts Updates

No state requirements for the practice of mediation. The Chief Justice of each trial court department approves programs to receive court referrals. The Chief Justice for Administration and Management combines and distributes these lists. Basic qualifications for mediators:

30 hours basic mediation training
Court orientation
Specialized training if required for a trial court department
Evaluation in a role-play situation
Under the supervision of a qualified mediator, observe a minimum of one mediation and discuss the mediation with the mentor, and be observed mediating a minimum of one case and discuss the mediation with a mentor
Engage in continuing education. Alternative training, evaluation, and mentoring may be accepted if qualifications are substantially met. Sources: Jeannie Adams, Massachusetts Office of Dispute Resolution; Tim Lineham, Administrative Office of the Trial Court; http://www.state.ma.us/modr

State law(s): The Commonwealth of Massachusetts has only one state law covering mediators. That statute, Chapter 233 section 23C, provides that information and material in a mediation is confidential and mediators should not be subject to disclosure as long as the mediator has:

a written agreement to participate in mediation with the parties
completed at least 30 hours of mediation training
been working as a professional for four years or has been accountable to a dispute resolution group that is at least three years old or has been appointed to mediate by a governmental or court official. For more information, see Mass General Laws Chapter 233, section 23C.

State court standards: Several years ago the Massachusetts Supreme Judicial Court issued Rule 8 of the Uniform Rules on Dispute Resolution, which set guidelines for qualifications standards for neutrals (which include mediators, arbitrators, case evaluators, and others) affiliated with court-approved provider programs that serve the commonwealth’s courts. Among the requirements for mediators and approved programs: 30 hours of mediation training, recommended continuing education, reporting rules, and adherence to ethical standards. For more information, see SJC Uniform Rules summary.

Uniform Mediation Act: Representatives from dispute resolution organizations and groups all around the state recently met for more than a year to discuss the UMA, but they did not reach consensus, and the UMA has not been adopted.