MassUMA

Working Group

September 19, 2007

Dear Working Group:

The Mediator Training and Definition committee extend our appreciation to the 64 respondents who shared their opinions and preferences by participating in our recent online survey. Our goal as a committee is to provide an inclusive forum that will allow constituents of the broader mediation community in Massachusetts a voice in the legislative process that is underway. Our committee sought your opinion relating to the topics mediator training and definition. Now it is time to share with you a summary of responses.

Please click the link here to access the survey summary for each of the 18 survey questions. Click here for survey comments.

In addition to reviewing  bar graphs and percentages, you can read the individual comments by clicking the "view" icon next to each question summary.

Sincerely,

Mediator Definition and Training Subcommittee

_____________________________________________________________________________________
 

August 18, 2007

Dear Mediator:

We are writing to invite your participation in an important legislative process.  This fall, the Massachusetts Legislature will be considering passage of the Uniform Mediation Act (UMA) drafted by the National Conference of Commissioners on Uniform State Laws.  Over the past few years, the UMA has been reviewed by legislatures in several other states, and adopted in various forms by some.

In September 2006, concerned members of the Alternative Dispute Resolution community in Massachusetts formed the Uniform Mediation Act Working Group of Massachusetts (“UMA Working Group”) for the purpose of studying the UMA and formulating recommendations to the Legislature with respect to its passage.  Our intent is for our recommendations to be reflective of current mediation practice in our state and responsive to the interests of those potentially affected by any changes to Massachusetts law governing mediation. 

Our goal is to provide an inclusive forum that will allow constituents of the broader mediation community in Massachusetts a voice in the legislative process that is underway.  Information about the UMA Working Group and our progress to date is available at www.massuma.org.

 As we study the proposed legislation, we are attempting to discern where

• the language of the UMA is an improvement over the current Massachusetts mediation statute
• the language of the current statute ought to be preserved
• language different from either the current or proposed legislation would better serve mediation practitioners and consumers in the Commonwealth, and, in this case, what language we recommend.

Through this process we are also attempting to discern whether or not we will recommend that the UMA not be passed in any form.

We welcome your interest in the UMA Working Group and hope you will decide to participate in any or all of the following ways:

• Visit our website and contact one of the UMA Working Group members or committee chairs to learn more, (contact information is available on the website)
• Follow UMA Working Group progress on the website
• Attend monthly meetings in person or by free conference call
• Participate on a committee in person or by free conference call
• Work to inform members of the mediation community in your area and/or specialty about the UMA, and facilitate their participation in the UMA Working Group
• Respond to the UMA Working Group’s online survey by clicking here

The abovementioned survey is the first in a series designed to gather input from mediators across the state.  It focuses on the definition of mediator and training requirements for mediators.

Please return the completed survey by September 14^th to We appreciate your thoughtful and timely response and hope we can count on your ongoing involvement in this critical process.

On behalf of the UMA Working Group,

Members of the Process Committee

Members of the Mediator Definition Committee

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Mass UMA Working Group:  Subcommittee Status Report

Date:  4/17/07 Draft report

Committee Name: Mediator Training and Definition

Committee Reporter including email and phone:

Robin DiGiammarino, robin.digiammarino@gmail.com, 781-248-3922

1) Points of Consensus:

UMA section 2 (3)

Two options for language:

The subcommittee strongly recommends, at a minimum, preserving the impact of MGL 233 s.23c. We recommend the UMA Section 2 (3) be amended as follows:
"Mediator" means an individual who conducts a mediation and who is a person not a party to a dispute who

(a) has completed at least 30 hours of training in mediation skills consistent with the Guidelines for Training Mediators, Including Curriculum Outline set forth in Rule 8(b)(i) of the Uniform Rules of Dispute Resolution for the Supreme Judicial Court (effective January 1, 2005),

(b) either has four years of professional experience as a mediator after such training or is accountable to a dispute resolution organization which has been in existence for at least three years and

 (c) enters into a written agreement with the parties to assist them in resolving their dispute.

Should the larger working group find the above language unacceptable, the subcommittee recommends the following alternate language:

A “mediator” shall mean a person not a party to a dispute who enters into a written agreement with the parties to assist them in resolving their disputes and has completed at least thirty hours of training in mediation and who either has four years of professional experience as a mediator after such training or is accountable to a dispute resolution organization which has been in existence for at least three years.”

2) Remaining Issues and/or Questions (please reference relevant UMA section/s):

UMA section 2 (3)

• Question of # of training hours- should it be more than 30 hours? What is the financial impact of increasing the number of training hours?
• Question of years of professional experience and issue of grandfathering in those who have been practicing before taking the training
• Question of defining “dispute resolution organization” and possible use of the definition for “program” taken from the Uniform Rules:
  
  "Program" means an organization with which neutrals are affiliated, through membership on a roster or a similar relationship, which administers, provides and monitors dispute resolution services.  A program may be operated by a court employee or by an organization independent of the court, including a corporation or a governmental agency.  A program operated by a court employee may include one or more court employees or non-employees or a combination of court employees and non-employees on its roster.
• Question of whether to include language pertaining to those appointed by a government or judicial body as mentioned in MGL 233 section 23c and if this language is included, those appointed will also meet the 30 hours of training.

UMA section 9, (c) and (f):

The committee has yet to address these two sections, which both refer to qualifications and training.