Mediation in Massachusetts

Free dispute intervention by probation officers

Dispute intervention is a process used in the Probate and Family Court. Probation officers, working through the Office of the Commissioner of Probation, act as neutrals in each of the court's 14 divisions. They help parties see where they disagree and work through it. There is no fee for this service, and a judge may require the parties to take part. That makes it the court's own built-in, no-cost option before parties turn to outside programs.

Approved outside ADR programs

In addition to dispute intervention, the Probate and Family Court maintains a list of approved outside programs, organized by county. They offer mediation and other alternative dispute resolution services, such as conciliation and arbitration. These approved programs are permitted to charge fees, but their fee schedules must offer waivers or reduced fees for indigent or low-income litigants. Some approved programs don't charge fees at all. The court decides which programs to approve partly based on whether the program's neutrals have specialized training. That includes areas like family law, family dynamics, child developmental issues, non-traditional families, the tax consequences of divorce, and domestic abuse.

Screening before mediation

A judge may require parties, their lawyers, or both, to attend a screening for court-connected dispute resolution services. This screening lets the parties learn about the available services. It also helps the court decide whether those services fit their case. Programs on the court's approved list have agreed to provide free screening as part of being listed.

Case pathways and mediation resources

Massachusetts uses a Pathways Case Management process in the Probate and Family Court. It aims to resolve cases earlier by connecting self-represented litigants, or their attorneys, with the right resources sooner in the case. This includes dispute resolution options, such as approved ADR programs. These programs are organized county by county, from Barnstable to Berkshire, Bristol, Dukes, Essex, Franklin, Hampden, Hampshire, and the rest of the Commonwealth's counties.

The Pathways process is meant to steer families toward cooperative problem-solving before a case builds up unnecessary conflict on the way to a contested hearing. Exactly which programs, fees, and neutrals are available depends on where a case is filed. Each county has a local dispute resolution coordinator who can direct parties to the right approved program for their situation.

How a mediated agreement becomes a court order

Reaching an understanding through dispute intervention or an approved mediation program does not resolve a Massachusetts divorce case on its own. Any agreement needs to be put in writing and submitted to the judge for review. It becomes an enforceable order once the judge approves it and incorporates it into the divorce judgment or a separate custody and parenting time order. If the parties don't reach agreement, the case moves toward a contested hearing.