Massachusetts
Summary
The following summarizes statewide court ADR rules and policies. For ADR in a local jurisdiction, see the local court’s website.
Note: This is a summary of state court ADR in Massachusetts. Authority for federal court ADR is found in the Alternative Dispute Resolution Act of 1998. Information on federal court ADR rules and procedures can be found on each court’s website. Any studies or evaluations involving federal court ADR in Massachusetts can be found in RSI’s Research Library and in Reports below.
State Legislation
- General Laws of Massachusetts: Chapter 150, Section 10A - Mediators; confidential information
- General Laws of Massachusetts: Chapter 211B, Section 19 - Mandatory alternative dispute resolution program
- General Laws of Massachusetts: Chapter 218, Section 22 - Small Claims Procedure
- General Laws of Massachusetts: Chapter 218, Section 43E - Community mediation advisory board; coordinator
- General Laws of Massachusetts: Chapter 233, Section 23C - Work product of mediator confidential; confidential communications; exception: mediator defined
Statewide Court ADR Rules and Policies
State Office of Court ADR:
- No full-time state court ADR office.
Additional Information
Although there is no dedicated statewide court ADR office, the Massachusetts Office of Public Collaboration assists the state judicial branch with the development of court-connected ADR programs.
Statutes
Civil Justice Reform Act of 1990
U.S. Congress. Dec. 1, 1990; amended Dec. 9, 2001Resource Type: Legislation
Abstract: With this bill, each United States district court is required to develop a civil justice expense and delay reduction plan. As part of this plan, the act authorizes district courts to refer appropriate cases to designated ADR programs. The act also re...
Alternative Dispute Resolution Act of 1998
U.S. House of Representatives Office of the Law Revision Counsel. United States Code, Oct. 1, 1998Resource Type: Legislation
Abstract: This act authorizes each United States District Court to require litigants in all civil cases to consider the use of ADR process. It provides the framework by which each district court should promulgate procedures and rules regarding the ADR process ...
General Laws of Massachusetts: Chapter 218, Section 22 - Small Claims Procedure
Massachusetts Legislature. Jan. 1, 2019Resource Type: Legislation
Abstract: Under this statute, when a plaintiff commences a small claims action they shall be informed that the action may be submitted to mediation at the request of either party and with the agreement of both parties. ...
General Laws of Massachusetts: Chapter 150, Section 10A - Mediators; confidential information
Massachusetts Legislature. Jan. 1, 2019Resource Type: Legislation
Abstract: Under this statute, mediators of labor disputes are not required to reveal information they learned while conducting a labor dispute mediation. ...
General Laws of Massachusetts: Chapter 233, Section 23C - Work product of mediator confidential; confidential communications; exception: mediator defined
Massachusetts Legislature. Jan. 1, 2019Resource Type: Legislation
Abstract: This law addresses confidentiality as an essential factor in the mediation process. It also defines a mediator for the purposes of the section in terms of his/her role and qualifications. ...
General Laws of Massachusetts: Chapter 218, Section 43E - Community mediation advisory board; coordinator
Massachusetts Legislature. Jan. 1, 2019Resource Type: Legislation
Abstract: This statute establishes a community mediation advisory board, which advises the chief justice of the district court department on "matters pertaining to the utilization and role of community mediation in the district court department." The five-memb...
General Laws of Massachusetts: Chapter 211B, Section 19 - Mandatory alternative dispute resolution program
Massachusetts Legislature. Jan. 1, 2019Resource Type: Legislation
Abstract: This statute instructs the chief justice for the trial court to "establish and promulgate" rules for a mandatory ADR program for civil cases, subject to supreme judicial court approval and appropriation of funds. It also makes the chief judge for adm...
Rules
Massachusetts Uniform Magistrate Rule 4 - Mediation of Small Claims Actions
Supreme Court of Massachusetts. Aug. 6, 2007Resource Type: Rules - Court
Abstract: Under this rule, all small claims actions may be submitted to a magistrate of the court for mediation and resolution at the request of either party and with the agreement of all parties. The rule outlines procedures for giving notice, conducting medi...
Massachusetts Supreme Judicial Court Rule 1:18 - Uniform Rules on Dispute Resolution
Massachusetts Supreme Judicial Court. May 1, 1998; amended June, 2005Resource Type: Rules - Court
Abstract: Rule 1(a) states that "these rules govern court-connected dispute resolution services provided in civil and criminal cases in every department of the Trial Court. The Ethical Standards in Rule 9 also apply to neutrals who provide court-connected disp...
Reports
ADR in the Federal District Courts: An Initial Report
Stienstra, Donna. Nov. 1, 2011Resource Type: Report
Abstract: This report describes the use of ADR in the federal courts. Twelve years after the Alternative Dispute Resolution Act required federal courts to provide ADR services for all civil cases, every federal district court has authorized at least one form o...
Foreclosure Mediation in Depth: Articulated Purposes and Objectives for Foreclosure Mediation Programs
Kulp, Heather Scheiwe. Jul. 1, 2011Resource Type: Report
Abstract: This report lists the stated purposes behind the creation of foreclosure mediation programs in 26 states. Program goals include ensuring communication, improving efficiency and timeliness, assisting borrowers, and stabilizing communities. Heather S....
Foreclosure Mediation Programs Funding: A Review of 24 Currently Operating Foreclosure Mediation Programs
Kulp, Heather Scheiwe. Jan. 26, 2011Resource Type: Report
Abstract: This report describes the structure and funding of foreclosure mediation programs in 24 states. It also reviews how compensation is provided, if at all, for program staff, mediators and attorneys for borrowers. An executive summary of this report is...
An Analysis of Diversity Trainings in United States Community Mediation Centers
Warren, Naomi. Sep. 1, 2009Resource Type: Study
Abstract: In 2009, the Dispute Resolution Center in Ann Arbor, Michigan conducted a study in cooperation with the State Court Administrative Office of Michigan to analyze "diversity trainings at community mediation centers across the country" (p.2). The study ...
Exemplary Family Court Programs and Practices: Profiles of Innovative and Accountable Court-Connected Programs
AFCC Court Services Task Force Exemplary Practices Sub-Committee. May. 1, 2005Resource Type: Report
Abstract: This report provides information on court programs found to represent the best practices of the courts. Programs in the report include collaborative divorce, child protection mediation, permanency planning mediation, and mediation for cases involving...
Massachusetts Office of Dispute Resolution Progress Report FY2001
Massachusetts Office of Dispute Resolution. Jan. 1, 2001Resource Type: Report
Abstract: The Massachusetts Office of Dispute Resolution (MODR) began as a pilot project in 1985, was established by law in 1990 and is "a state agency dedicated to promoting and facilitating Alternative Dispute Resolution (ADR) within public entities." This r...
Massachusetts Office of Dispute Resolution Progress Report FY1998 - FY2000
Massachusetts Office of Dispute Resolution. Sep. 1, 2000Resource Type: Report
Abstract: The Massachusetts Office of Dispute Resolution (MODR) began as a pilot project in 1985, was established by law in 1990 and is "a state agency providing mediation, facilitation, arbitration, case evaluation, alternative dispute resolution (ADR) traini...
Massachusetts Office of Dispute Resolution Progress Report FY1994 - FY1997
Massachusetts Office of Dispute Resolution . Apr. 1, 1998Resource Type: Report
Abstract: This report covers the fiscal years 1994 through 1997. It provides information regarding Superior Court Mediation and Evaluation Programs, environmental mediation programs, regulatory negotiation, dispute resolution training and special projects....
An Evaluation of Selected Mediation Programs in the Massachusetts Trial Court
Maiman, Richard J.. May. 1, 1997Resource Type: Evaluation
Resource Type: Mediation Efficacy Study
Abstract: This evaluation examines the mediation programs in both District Court (small claims cases) and Superior Court (a variety of civil cases) in terms of the case outcome and satisfaction with the process and outcome. It found that in all programs there ...
The Effects of Mandatory Mediation: Empirical Research on the Experience of Small Claims and Common Pleas Courts
Wissler, Roselle L.. Willamette Law Review, Jan. 1, 1997Resource Type: Study
Resource Type: Mediation Efficacy Study
Abstract: "This article reports research in two different court settings: small claims courts and common pleas courts. First, it examines the theoretical and empirical differences between mediation and adjudication, discusses the factors leading to the adoptio...
Mediation and Adjudication in the Small Claims Court: The Effects of Process and Case Characteristics
Wissler, Roselle L.. Law & Society Review, Jan. 1, 1995Resource Type: Study
Resource Type: Mediation Efficacy Study
Abstract: The study described in this article attempted to discover the reason for differences in effectiveness between small claims cases that were adjudicated and those that were mediated in four district courts in the Boston area. After comparing case chara...
Middlesex Multi-Door Courthouse Evaluation Project: Final Report
Lowe, Robert A.; Adams, Lorraine Moore; Keilitz, Susan L.; Walker, Linda L.. Mar. 1, 1992Resource Type: Study
Abstract: A multi-door courthouse was set up in Cambridge, MA, in 1990. In the program, civil cases were sent via referral or, during the evaluation period, through random assignment. Parties paid an administration fee as well as a fee for the neutral's time. ...
Contacts
Massachusetts Office of Public Collaboration
University of Massachusetts Boston.Resource Type: Organization
Abstract: Massachusetts Office of Public Collaboration, previously called the Office of Dispute Resolution and Public Collaboration, works out of the University of Boston and was officially established by law in 1990. The organization's mission is to work with...
National Center for Technology and Dispute Resolution
Jan. 1, 1998Resource Type: Organization
Abstract: The National Center for Technology and Dispute Resolution "supports and sustains the development of information technology applications, institutional resources, and theoretical and applied knowledge for better understanding and managing conflict." T...