NCJ Number
81592
Date Published
1980
Length
56 pages
Annotation
This document describes the mediation services offered within the Boston municipal courts by the Crime and Justice Foundation and then presents a detailed guide to mediation proceedings and techniques.
Abstract
Following a brief history of court mediation programs in the United States, this report summarizes the organization of the Boston court system and types of cases expected to enter the mediation project. Also reviewed are referral and intake procedures, case preparation, the hearing, agreement monitoring services, staff, and recordkeeping. Referrals originate from judges and court officials, and persons are eligible for mediation if the dispute involves two or more identifiable parties who have a prior relationship or basis for negotiation. The training guide begins with definitions of dispute resolution methods and a glossary of mediation terms. Steps in the mediation hearing are reviewed, accompanied by procedural rules and suggestions regarding the mediator's responsibilities and behavior. A discussion of mediation techniques emphasizes that mediators must overcome tendencies to judge or counsel parties and focus on ways to facilitate an agreement acceptable to both parties. Procedures that must be followed and skills that must be practiced are described, with examples, for the steps in a hearing: the preliminary conference, the introduction and program explanation, the opening joint session, recess, private sessions with disputants, settlement discussions, the written agreement, and closing the hearing. The guide also addresses social service needs that the mediator may identify in the course of a hearing. A list of mediation resources in Massachusetts and the northeast States is appended.