Boston — The Supreme Judicial Court today announced that it has adopted Rule 8 of the Uniform Rules of Dispute Resolution. The rule sets forth qualification standards for neutrals who provide court-connected dispute resolution services.

          Adoption of Rule 8 completes the Uniform Rules on Dispute Resolution; the Uniform Rules, with the exception of Rule 8, became effective in February, 1999, and appear as Supreme Judicial Court Rule 1:18.

          After considerable study and collaboration, the Standing Committee on Dispute Resolution submitted a proposed Rule 8 to the Supreme Judicial Court. Drafts of Rule 8 were published for comment. The Standing Committee carefully considered all comments received, and revised the draft rule to respond to concerns and suggestions raised by the comments.

          Chief Justice Marshall stated, "The Standing Committee, chaired by Superior Court Judge John Cratsley, committed significant time and energy to addressing some very important issues. The Justices are most grateful to all the members of the Committee for their dedication to improving our courts through court-connected ADR services."

          Judge Cratsley stated: "I am pleased that after years of deliberation, by two separate groups of Standing Committee members, the Supreme Judicial Court has enacted a set of qualifications standards which insure the quality of services offered by neutrals who do court-connected dispute resolution."

          The rule establishes training, evaluation, mentoring, and continuing education and evaluation requirements for seven categories of neutrals-mediators, arbitrators, case evaluators, conciliators, mini-trial neutrals, summary jury trial neutrals, and dispute intervenors. It also provides alternative methods for meeting the requirements, and a "grandfather" clause that allows Trial Court Chief Justices to exercise a one-time option that would exempt neutrals who meet certain requirements from the initial training requirements. The alternative methods and the "grandfather" provisions recognize that some neutrals, based on their previous experience, have already acquired the necessary skills required by the qualification standards. The rule also provides that professional licensure and academic degrees cannot be used by a program or a court department as preclusive criteria in the selection of mediators and arbitrators in court connected alternative dispute resolution.

          The rule becomes effective on January 1, 2005, except for the provisions applicable to dispute intervention neutrals, who have a longer period of time to comply with the qualification requirements. The new Rule 8 of the Uniform Rules of Dispute Resolution, can be accessed on the court's web page at www.state.ma.us/courts/admin/legal/redbook8.html