Land Court Mediation

Mediation is a confidential, voluntary process that allows parties to resolve their dispute through the active participation of a mediator. A mediator is a neutral third-party who works to help the parties reach their own agreement.

Mediation is often faster and less expensive than a lawsuit, can help to preserve relationships, allows parties to create their own resolution, and provides certainty when a settlement is reached. The Land Court may refer parties to an external (outside) mediation provider or, in some cases, to the internal (in-house) Land Court Mediation Program, as described below.

Introduction

In a lawsuit, people who disagree about a legal issue bring their dispute to a court for resolution. The parties (usually called plaintiffs and defendants) may have lawyers to represent them. Unless the parties settle, the court decides who wins and who loses on each claim. In the Land Court, all the disputes involve real property (land). Learn more about the Land Court and its jurisdiction.

Mediation is a type of alternative dispute resolution (ADR). In mediation, parties or their lawyers meet with a neutral mediator to try to resolve the dispute. Parties sometimes try mediation because:

1. it is usually faster and cheaper than continuing a lawsuit; 
2. it is cooperative so the parties can preserve relationships; 
3. the parties can decide the outcome of the case themselves; and 
4. if the parties settle, they know what the result will be.

Mediation can also offer opportunities for creative solutions.

If you have a Land Court case and want mediation, ask about it during a hearing. You can also file a motion in your case. A motion is a written or oral request that the court order a certain action.

Mediation opportunities come up during Case Management Conferences in the Land Court. However, they are also available at any time during the case.

The Land Court can refer parties to an external (outside) mediation provider or, under certain circumstances to the internal (or in-house) Land Court Mediation Program.

Learn more about ADR and other options and learn about ADR in the Trial Courts.

External Alternative Dispute Resolution Programs

The Land Court approves of a number of external (outside) mediation provider programs for Land Court cases. The programs all work differently. However, they all offer a free screening session. In the screening session, parties can talk about a few key points. First, the parties can decide whether the case is right for mediation. Then, they can discuss how to choose a mediator that’s a good fit for the case. Finally, they can agree on a good process for the case. After the free screening session, external mediation providers charge for their services. View a list of external alternative dispute resolution providers approved for Land Court cases. External providers offer court-connected dispute resolution services under Supreme Judicial Court Rule 1:18, Uniform Rules on Dispute Resolution.

In-House Land Court Mediation Program

Overview

The in-house Land Court Mediation Program began in January 2020. It began as a part-time pilot project under Supreme Judicial Court Rule 1:18, Uniform Rules on Dispute Resolution. It evolved into a full-time program in May 2023. The program provides free, high-quality mediation services to parties with cases pending in the Land Court.

The in-house Land Court Mediation Program deals with many types of real property disputes.

These include:

• partition cases,
• tax lien foreclosure cases,
• title and ownership disputes,
• easement and boundary disputes,
• purchase and sale contract disputes,
• and more.

The Land Court offers its Mediation Program for free.  However, access to the program is limited.

The in-house Land Court Mediation Program helps people resolve their real property disputes fairly and efficiently. When the Land Court sends a case to the program, the parties work with a skilled mediation attorney who acts as mediator. The mediator is a neutral third-party. The parties talk about their interests and look for possible solutions. The mediator is not a judge or arbitrator. The mediator will not render a decision or impose any order upon the parties. The parties make all the decisions.

In-House Referral Priorities

The in-house Land Court Mediation Program can handle a limited number of cases each year. For this reason, the Land Court must select your case for referral to the program. If you want to be referred to the program, ask the Land Court. You can do this during a hearing or by filing a motion in your case. Priority goes to cases where one or more parties cannot afford court costs or mediation services, are self-represented, or have tried mediation before without success. The Land Court has limited resources. So, it may send some cases to external (outside) mediation providers.

In-House Mediation Procedure

Mediation is a voluntary and confidential process. In this process the parties or their lawyers meet with the mediator. In the in-house Land Court Mediation Program, the mediator is a neutral Land Court employee. The mediator works to help the parties reach their own agreement to resolve their case. 

The mediation process is tailored to fit the circumstances and needs of the parties to each case. The mediator usually talks to each lawyer or self-represented party separately before speaking to the lawyers and/or the parties together. The Land Court mediation process could include:

1. a joint mediation session with all parties;
2. separate mediation sessions between the mediator and each party with their lawyer and/or adviser present;
3. separate mediation sessions between the mediator and one or more of the parties’ lawyers; or
4. some combination of all of these.

Starting mediation does not stop a party from taking legal action(s) that may be in their individual or joint interests. The parties must agree to negotiate in good faith but are not required to reach agreement on any issue. Anyone can leave the mediation process at any time and have the case heard and decided by the Land Court.

The mediator runs the mediation in a way that gives each party a fair chance. This allows everyone to share their viewpoints and talk about how to resolve the dispute. The parties can ask the mediator for their thoughts on the case and settlement. The mediator may use their knowledge to help the parties in their discussions. But the mediator cannot take sides or provide legal advice, counseling, or other professional services.

Mediation sessions may be held in person and/or remotely (by video or telephone).

Meet the Land Court Mediator

The in-house Land Court Mediation Program presently employs one full-time mediator, Attorney Barbara J. Macy. Attorney Macy has been practicing law in Boston since 1985. She has mediated or represented clients in disputes regarding the buying and selling of real estate, condominium issues, title, partition, zoning, boundary issues, probate, unmarried partner dissolutions, malpractice, cooperatives, consumer protection, divorce, landlord-tenant, employment, and criminal cases, among others. Attorney Macy is a graduate of Boston University (cum laude, 1980) and Northeastern University School of Law (1984). She received mediation training at the Community Dispute Settlement Center.

Frequently Asked Questions (FAQs) about the In-House Land Court Mediation Program

How much does the mediation cost?

The Land Court does not charge a fee for its in-house mediation program, but access to the program is limited. Priority goes to cases where one or more parties cannot afford court costs or mediation services, are self-represented, or have previously attempted mediation unsuccessfully.

A party with a lawyer is responsible for any fees the lawyer charges for participating in the mediation.

Who can come with me to the mediation?

A party (usually called the plaintiff or the defendant) can bring a lawyer, an advocate, or other adviser to the mediation under Supreme Judicial Court Rule 1:18, Rule 7(d).

All parties, lawyers, and all other participants at any of the in-house Land Court Mediation Program mediation meetings must sign the Agreement to Mediate.

For mediation sessions intended to include all parties and lawyers, all persons needed to authorize settlement must be present. The presence of witnesses or experts during the mediation is not suggested.

Do I need a lawyer for the mediation?

Self-represented parties are encouraged to consult with a lawyer. Some lawyers may offer Limited Assistance Representation (“LAR”) and agree to represent parties in parts of the case, like the mediation or the documentation of settlement, instead of the whole case. 

Where is the mediation held?

Mediation sessions may be held in person at the Land Court and/or remotely (by video or telephone).

The Land Court’s main office (the Recorder’s Office) is located on the 5^th Floor in the Suffolk County Courthouse at 3 Pemberton Square in Boston.

Is the mediation confidential?

By law, mediation is generally confidential, with specific exceptions. Confidentiality is key for successful mediation. It promotes open and honest communication among parties. Parties must sign the Land Court’s Agreement to Mediate prior to any mediation.

The Land Court mediator’s work, including notes and files, is confidential. It doesn’t need to be disclosed in any legal or administrative matter or setting, including any trial in a case, unless a final court order requires it. Any communication made by any person in the presence of the mediator during the mediation process and relating to the subject matter of the mediation is confidential. Confidential communications don’t need to be disclosed in any judicial or administrative proceeding involving the parties to the mediation, including the Land Court case being mediated.

Exceptions to these provisions regarding confidentiality are communications by the mediator to the Land Court as follows:

• a settlement agreement (sometimes called a “Memorandum of Understanding”), as discussed below;
• a request by the parties for additional time to complete mediation;
• the scheduling of mediation activities;
• the mediator’s assessment of the case in regard to the progress of mediation;
• the fact that the mediation process has concluded with the parties unable to agree;
• status reports;
• and information in connection with the administration and/or evaluation of the in-house Land Court Mediation Program. 

No other disclosures shall be made except as may be required by law or final court order.

What happens if we settle our dispute in mediation?

If the parties settle their dispute in full or in part, that settlement is written down and becomes an agreement signed by the parties. The written agreement will be legally enforceable and is admissible in a court or other proceedings. If the parties all request an oral agreement, the Land Court may allow an oral agreement instead of a written one.

What happens if we don’t settle our dispute in mediation?

If the parties can’t agree during the mediation process, the mediator will end the mediation process. Then they will notify the Land Court so the case may be returned to the trial calendar. The parties may request that the Land Court refer the matter back to the in-house Mediation Program.