- Probate and Family Court
Probate and Family Court recently conducted a four-month mediation pilot project in two divisions to facilitate the resolution and disposition of cases. The 86% success rate at the Middlesex (Cambridge) and Essex (Salem) County pilots may pave the way for a statewide rollout.
The pilot provides same-day, free, on-site mediation services to help resolve parenting and child welfare issues to parties visiting Probate and Family Court on Department of Revenue block days – days set aside to resolve child support and arrearage issues.
According to Probate and Family Court Chief Justice John Casey, “One of the problems during block day, while parents or guardians are at the court, is that they often bring up other pending issues that require separate filings and court visits. Helping parties resolve these issues – through mediation – while they are in court on these days, eliminates the need to file separate actions and minimizes the number of necessary court appearances.”
Probate and Family Court partnered with the Department of Revenue (DOR) and the Massachusetts Office of Public Collaboration (MOPC) to implement the program in the two court divisions. Cases are referred from DOR attorneys and judges and coordinated by a designated court coordinator between DOR attorneys and court-approved Community Mediation Centers under the oversight of MOPC. Mediated agreements are either incorporated into existing orders pending in the court or have the option for judgement on the day of mediation.
The pilot is the brainchild of Probate and Family Court who reached out to partner with MOPC and DOR. The results so far have been impressive. Out of 24 cases mediated in Salem, 22 have reached agreements with another 9 agreements concluded in Cambridge.
“Most of these cases involve self-represented litigants who often don’t have the time and money to keep coming back to court for separate actions,” said Probate and Family Court Deputy Court Administrator Linda Medonis. “The piloted process improves services and the experience for court users, while streamlining and expediting court decisions. It can make a huge difference.”
A request to continue the program in FY2020 has been made to the Trial Court’s ADR Standing Committee.