Pathways Case Management Initiative in the Probate and Family Court

Pathways is a case management process in all 14 divisions in the Probate and Family Court that takes a problem-solving approach to assist with resolving cases earlier in the process.

Pathways Introduction from Chief Justice Casey and DCA DiCenso

DATE: April 25, 2023

RE: Pathways Case Management Initiative

On behalf of the Probate and Family Court, we write to you all to express our commitment and desire to make changes to and improve the court process for everyone that comes to our Court. For many years the Probate and Family Court has been in crisis with the pandemic intensifying already existing issues. The late Chief Justice Ralph Gants noted in 2017 that, “The burdens we place on our Probate and Family Court judges are simply not sustainable; we need to reimagine how we do justice in our Probate and Family Court.” We cannot continue to do things the same way we always have. Our Court must take an active approach in the case management process. This will be accomplished through the Pathways Case Management Initiative.

Pathways is a case management process that takes a problem-solving approach. The purpose is to assist with resolving cases earlier in the process, connecting self-represented litigants or their attorneys with appropriate resources and information, simplifying processes, and provide an understanding of the different kinds of dispute resolution options available. The goal is to promote timely and effective resolution while helping families focus on cooperative solutions instead of lengthy litigation. Whenever possible matters will be resolved without judicial involvement, reducing the number of cases which judges are required to hear. For litigants that means cases are scheduled sooner, and when judicial involvement is necessary, judges will have time to reflect and write meaningful decisions.

As the courts evolve, so must the way we manage cases. Since 2020 Barnstable, Berkshire, Dukes, Essex, Franklin, Hampshire, Nantucket, Suffolk, and Worcester, have effectively implemented Pathways, which will be expanded into all 14 divisions. The Pathways Case Management Initiative is one of the highest priorities for our Court. We see Pathways as the present and the future process for our Court for all case types. The informational chart included provides a roadmap for the Pathways Case Management Initiative. We are excited to watch Pathways continue to grow and expand in the Probate and Family Court

Sincerely,

John D. Casey         Domenic M. DiCenso
Chief Justice            Deputy Court Administrator

Pathways Overview

In the Probate and Family Court, the Pathways Case Management process is being used to promptly resolve different types of complaints. The goal of Pathways is to help families focus on cooperative problem solving and reach resolution faster than through lengthy litigation.

Court staff will intervene early in the process to inform parties of available resources and the court procedure. A timely conference is scheduled and if the parties cannot resolve their issues, the case is placed on the appropriate Pathway. This process will help parties quickly see the end of the road for their current court issue.

Initiation of Action

As an example, a self-represented litigant or their attorney initiates a court action by filing a Complaint for Modification requesting a change to a current judgment.

The court process for a Complaint for Modification:

1. The Complaint for Modification is filed in the court/country where the judgment was issued.
2. Plaintiff or attorney will receive a Summons from the court and must serve a copy of the Summons and Complaint to the defendant using a Constable or Sheriff.
3. Plaintiff or attorney must return the served summons to the court.

Step 1: Initial Review

Once the served summons is returned and filed with the court, the Complaint and return of service is reviewed for accuracy and then scheduled by the Registry for a Pathways 1 Conference with an assigned Judicial Designee to be held via Zoom.

Step 2: Notice and Requirements

A court hearing notice is then sent to the parties providing information as to what forms are required and where they can be accessed via QR codes on the notice.

1. Plaintiff or attorney should notify the court if there is an Abuse Prevention or No Contact order in effect involving the other party.
2. Plaintiff or attorney should request an interpreter if needed.
   1. About the Trial Court Office of Language Access
3. If the complaint involves Child Support or other Financial Issues, parties will need to file a Financial Statement before the court hearing.

Pathway 1: Case Management Conference

All modifications begin at a Pathways 1 Case Management Conference. The conference will be conducted  virtually on Zoom by a Judicial Designee.

If an agreement is reached:

• The agreement is drafted for the judge, who will enter an order or judgment administratively (without a hearing), and no further action is required by the parties.
• In some circumstances, a judge may require the agreement to be heard in a court session. The Judicial Designee will notify the parties and schedule the case for an uncontested court hearing. 

If an agreement is NOT reached:

The following options are possible:

1. Conduct a further Pathways 1 Case Management Conference.
2. Refer the Case to Pathway 2. 
3. An order enters scheduling the case to a Pathways 3 Pre-Trial Pre-Trial Conference with the judge. 

Pathway 2: Guided Resolution

In Pathway 2, is a guided resolution with court personnel. This includes meeting in-person with probation, referral to mediation, conciliation, or another Alternative Dispute Resolution (“ADR”) program.

If an agreement is reached:

Probation/Alternative Dispute Resolution program will refer the case to Judicial Designee.

The following options are possible:

1. A temporary order enters, and a court hearing is scheduled.
2. A judgment is entered administratively.
3. If necessary, an uncontested court hearing is scheduled before the judge.

If an agreement is NOT reached:

Probation/Alternative Dispute Resolution program will identify the issues parties do not agree on and will refer the case to the Judicial Designee.

The following options are possible:

1. A Pathways Scheduling Order enters for Pathway 3.
2. The Judicial Designee may schedule the case back to Pathways 1 for a further Pathways Case Management Conference.

Pathway 3: Judicial Intervention

If the case is not resolved in Pathway 1 or 2, the Judicial Designee will draft a Scheduling Order to Pathway 3 outlining the agreed upon (uncontested) and not agreed upon (contested) issues, referring a case to an Alternative Dispute Resolution program by agreement, setting deadlines, and scheduling a court hearing to the assigned judge. 

1. A Pathways 3 Pre-Trial Conference is scheduled for the earliest possible date. The early intervention by the Court allows for a meaningful and productive Pre-Trial Conference to be conducted with the judge.
2. A determination can be made that the case will also be scheduled for a trial with the assigned judge.
3. If a case is before the Court prior to the initial review, the judge may decide that scheduling the case into Pathway 1 or 2 is appropriate.