Product Description

MCLE is pleased to present this four-day, thirty-hour workshop designed specifically for mediators with knowledge of basic divorce law. 

Rule 8 of the Uniform Rules of Dispute Resolution provides system-wide standards for court-connected alternative dispute resolution services in Massachusetts. Rule 8's guidelines establish training, evaluation, mentoring, and continuing education requirements for mediators, among others. Who needs Rule 8 training? Mediators, arbitrators, case evaluators, conciliators, neutrals for mini-trials and summary jury trials, and dispute intervenors. Without the training, you can’t be on the list. 

What’s covered?
This workshop trains mediators in divorce, custody, adoption, visitation, paternity, and other family law litigation. It enables you to serve as a family law mediator in compliance with state requirements. 

Special focus
The emphasis is on interactive participation and “learning by doing.” The training blends theory and practice to enhance the performance of trainees. A variety of learning techniques are sensitive to individual learning styles. Lecture and role-play sessions cover basic considerations in the types of disputes addressed by mediation. 

Materials
The materials for this program include MCLE’s Mediation: A Practical Guide for Mediators, Lawyers, and Other Professionals, which, along with any other materials, can be downloaded via the link emailed to you upon registration. Attendees also receive print copy. 

Registration notes
Registration is limited. Available on a first come, first served basis. Cancellations received two weeks prior to the workshop receive a full refund minus a $45 processing fee. Cancellations received after that date are not eligible for either a refund or a credit against future participation. 

This limited-enrollment program is not included in the MCLE OnlinePass®.

Health and safety note
Due to the interactive nature of this in-person workshop, registrants will be required to provide proof of COVID-19 vaccination upon arrival for Day 1 and must wear a mask when not eating or drinking. (See the CDC’s definition of full vaccination here: https://www.cdc.gov/coronavirus/2019-ncov/vaccines/faq.html.)

Agenda & Materials

• Day 1: Monday, July 11, 2022
• 8:30 am - 9:00 am

  Welcome and Introduction

  Hon. Edward M. Ginsburg,
  
• 9:00 am - 9:30 am

  Introduction of Faculty, Seminar & Class

  Israela Adah Brill-Cass, Esq., fixerrr.com , Boston
  John A. Fiske, Esq., HealyFiske LLP , Cambridge
  Justin L. Kelsey, Esq., Skylark Law & Mediation, PC , Southborough
  
• 9:30 am - 10:00 am

  Introduction to Mediation

  What is Mediation; Principles of Mediation; Recognizing Forms or "Styles" of Mediation

  Justin L. Kelsey, Esq., Skylark Law & Mediation, PC , Southborough
  
• 10:00 am - 10:30 am

  Listening: the basic skill (exercise)

  Israela Adah Brill-Cass, Esq., fixerrr.com , Boston
  
• 10:30 am - 10:45 am

  Break
• 10:45 am - 12:00 pm

  Introduction to Four Basic Skills

  Connect with each client; Non-verbal behavior; Impartial behavior (neutrality); Open-ended questions

  John A. Fiske, Esq., HealyFiske LLP , Cambridge
  
• Asking Open-Ended Questions: the basic skill (exercise) Demonstration Role Play: What should mediation look like?
• 12:00 pm - 1:00 pm

  Lunch
• 1:00 pm - 2:30 pm

  Role Play in small groups
• 2:30 pm - 3:00 pm

  Group De-Brief

  What did you learn from the role play? • What questions do you have? • What went well and what did you do?
• 3:00 pm - 3:15 pm

  Break
• 3:15 pm - 3:45 pm

  Reframing: The Art of Saying What No One Wants to Hear

  Justin L. Kelsey, Esq., Skylark Law & Mediation, PC , Southborough
  
• Exercise

  Israela Adah Brill-Cass, Esq., fixerrr.com , Boston
  
• 3:45 pm - 5:00 pm

  Fishbowl role plays with class participation, Debrief, Questions
• Day 2: Tuesday, July 12, 2022
• Mediation with Children's Issues
• 8:30 am - 9:00 am

  Introduction

  Reflection on Day 1's Experience • Review Day's Agenda • Children as Fulcrum • Custody/Parenting Schedules • Child Support

  Alexander D. Jones, Esq., Brick, Jones, McBrien & Hickey LLP , Needham
  
• 9:00 am - 10:00 am

  Psychological Aspects of Divorce

  "Lecture" • Questions

  Sheila F.G. Schwartz, LICSW, JD, , Needham
  
• Comments

  Alexander D. Jones, Esq., Brick, Jones, McBrien & Hickey LLP , Needham
  Barbara L. Nason, Esq., Tracey, Roman & Ramos PC , Wellesley Hills
  Ellen R. Waldorf, Esq., eWaldorf Mediation , Newton Upper Falls
  
• 10:00 am - 10:15 am

  Break
• 10:15 am - 10:45 am

  Demonstration and Discussion
• 10:45 am - 12:15 pm

  Role Plays in Break-out Groups
• 12:15 pm - 12:30 pm

  Debrief Morning Role Play
• 12:30 pm - 1:30 pm

  Lunch
• 1:30 pm - 2:30 pm

  Panel Discussion -- Common Child Issues in Mediation
• 2:30 pm - 2:45 pm

  Break
• 2:45 pm - 4:15 pm

  Afternoon Role Plays in Break-out Groups
• 4:15 pm - 5:00 pm

  Debrief Role Plays and Wrap-up
• Day 3: Wednesday, July 13, 2022
• 8:30 am - 8:35 am

  Introduction

  Hon. Edward M. Ginsburg,
  Kate Fanger, Esq., Kate Fanger Mediation , Belmont
  David A. Hoffman, Esq., Boston Law Collaborative LLC , Boston
  Michele A. Keratsis, Esq., Boston Law Collaborative LLC , Boston
  Katherine Triantafillou, Esq., Squillace & Associates, PC , Boston
  
• 8:35 am - 9:05 am

  The Use of Caucusing in Mediation

  Kate Fanger, Esq., Kate Fanger Mediation , Belmont
  
• 9:05 am - 9:45 am

  How Can You Say That? The Mediator's Toolbox

  Kate Fanger, Esq., Kate Fanger Mediation , Belmont
  
• 9:45 am - 10:00 am

  Break
• 10:00 am - 12:00 pm

  Role Play - Small Groups
• 12:00 pm - 12:30 pm

  Debrief Morning Role Play
• 12:30 pm - 1:30 pm

  Lunch
• 1:30 pm - 2:15 pm

  Legal and Ethical Issues in Mediation

  David A. Hoffman, Esq., Boston Law Collaborative LLC , Boston
  
• 2:15 pm - 3:00 pm

  Standards of Practice and Ethical Dilemmas

  David A. Hoffman, Esq., Boston Law Collaborative LLC , Boston
  
• 3:00 pm - 3:45 pm

  Psychological Issues in Family Mediation

  David A. Hoffman, Esq., Boston Law Collaborative LLC , Boston
  
• 3:45 pm - 3:50 pm

  Break
• 3:50 pm - 4:50 pm

  Diversity, Gender, and Cultural Issues in Mediation

  Katherine Triantafillou, Esq., Squillace & Associates, PC , Boston
  
• 4:50 pm - 5:00 pm

  Review and Questions
• Day 4: Thursday, July 14, 2022
• 8:30 am - 8:45 am

  Welcome and Introduction
• 8:45 am - 10:00 am

  Agreement Writing: Purposes, Pitfalls, Good Practice

  Be clear and concise; state the intentions of the parties understandably and enforceably

  Hon. Mary Anne Sahagian, Massachusetts Probate and Family Court (Ret.) , Dunstable
  
• 10:00 am - 10:15 am

  Break
• 10:15 am - 12:30 pm

  Screening for Appropriateness of Mediation and Role Play

  How the principles of mediation inform your decisions about what is appropriate and what is a challenge; when and how to terminate; how intake can prevent problems in mediation

  John A. Fiske, Esq., HealyFiske LLP , Cambridge
  
• Fishbowl Exercise
• 12:30 pm - 1:30 pm

  Lunch - Guest Speakers over the lunch

  Who Are You Now? The Thirty Hours that Changed Your Life

  Hon. John D. Casey, Probate and Family Court, Commonwealth of Massachusetts , Boston
  Timothy M. Linnehan, Esq., Trial Court, Executive Office, Commonwealth of Massachusetts , Boston
  
• 1:30 pm - 2:30 pm

  Nuts and Bolts & Building Your Practice

  Justin L. Kelsey, Esq., Skylark Law & Mediation, PC , Southborough
  
• 2:30 pm - 3:15 pm

  Listening Deeply to Your Client

  David A. Kellem, Esq., David Kellem Law Group, PC , Hingham
  
• 3:15 pm - 3:30 pm

  Post Training Resources

  Justin L. Kelsey, Esq., Skylark Law & Mediation, PC , Southborough
  
• 3:30 pm

  Debrief, Questions

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