Product Description

Rule 8 of the Supreme Judicial Court’s Uniform Rules of Dispute Resolution prescribes system-wide standards for court-connected alternative dispute services in Massachusetts. Its guidelines establish training, evaluation, mentoring, and continuing education requirements for mediators. MCLE is pleased to present this four-day workshop, which trains people to mediate civil cases under Rule 8.

Special Focus

Mediation is often used to resolve disputes in cases involving bankruptcy; business and business torts; commercial; construction; contracts; consumer protection; education; employment; environmental; family business; health care; insurance; intellectual property; landlord-tenant; partnership issues; probate, trusts, and estates; product liability; professional liability; real estate, land use and zoning; securities; and torts.

What it covers

Basic mediation training emphasizes interactive participation and encourages “learning by doing.” It includes a mixture of theory and practice. Lecture and role-play sessions cover basic considerations in the types of disputes addressed by mediation.

MCLE’s Civil Mediation Workshop teaches you: the steps of the mediation process; the role of the mediator; mediation skills/strategies; listening; using neutral language; rephrasing; asking follow-up questions; summarizing; identifying issues; negotiating agreement; note taking; agreement writing; ethical and legal issues in mediation; values; bias awareness; personally sensitive issues; physical/substance abuse; cultural diversity; mediation demonstration; and coached role-plays.

Agenda & Materials

• Manage the Process

  Explain the mediation process and role of mediator; Set a tone that helps put people at ease; Be flexible in tailoring the process to the needs of the parties; Respect the parties’ rights to make their own decisions; Uphold the parameters of confidentiality.

• Manage Interactions

  Maintain an open, honest, and supportive atmosphere; Treat parties with respect and affirmation; Maintain neutrality; Avoid the appearance of bias or favoritism; Handle conflict and strong emotions effectively; Help parties to see problems from others’ point of view; Avoid giving opinions or making judgments; Keep discussions focused on issues relevant to the negotiations; Demonstrate patience and persistence.

• Manage Information

  Ask relevant and open-ended questions; Present and reframe information clearly; Seek understanding of underlying needs; Determine areas of flexibility; Introduce brainstorming or role reversal to encourage reevaluation of positions and development of options; Encourage parties to develop new solutions; Identify common interests; Recognize potential areas of agreement; Support parties’ control of the outcome; Help to frame a clear, balanced, specific, and future-oriented agreement.

Please Note

MCLE webcasts are delivered completely online, underscoring their convenience and appeal. There are no published print materials. All written materials are available electronically only. They are posted 24 hours prior to the program and can be accessed, downloaded, or printed from your computer.

Chair

Faculty