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Remote Professional Training

Conciliation Training

Presented by the Trial Court Standing Committee on Dispute Resolution. This remote program introduces attorneys to court-connected conciliation services in the District Court and Probate and Family Court.

FY27 Training DatesTo Be Determined

Participants Will Leave the Training with a Better Understanding of:
  • The Uniform Rules on Dispute Resolution
  • Conciliation Process
  • Role of the Conciliator
  • Re-framing, Biases, and Neutrality
  • Ethical Standards for Conciliators
  • Advantages of Conciliation
  • How to Effectively Manage the Conciliation Process
  • And more!

Resources

Manual
  • Chapter 1
    • About the Training
    • Background Information on Trainers and Facilitators
    • Rule 8 Conciliator Training Requirements
    • Conciliator Skills Checklist
  • Chapter 2
    • Conciliator Training Slides
    • Communication Skills Slides
  • Chapter 3
    • Glossary of ADR Processes
    • Conciliation
    • Conciliation Process Issues
    • Conciliation Process Overview
    • Conciliation Introduction
    • ADR Spectrum
    • Ten Steps to Settlement
    • Rule 6(f) Communication with Program or Neutral
  • Chapter 4
    • Summary of Ethical Standards
    • Hypothetical Case Scenarios
    • Ten Principles of Mediation Ethics
    • Confidentiality in Mediation in Massachusetts - Statute and Court Rule
  • Chapter 5
    • Cognitive Barriers to Success in Mediation
    • Memory, Biases, and Blindness
    • Windows on Diversity: Lawyers, Culture, and Mediation Practice
    • Top Ten Reasons Why Mediators Should Not Evaluate
    • A Primer on Successful Negotiation
    • Tips on Asking Questions
    • Active Listening Techniques
    • Good Listening Skills
    • Interviewing
    • How to Win Arguments
  • Chapter 6
    • Overcoming Resistance to ADR
    • Challenges and Strategies for Conciliators in Facilitating Settlement
    • Special Characteristics of Legal Disputes
    • Conflict Resolution Tips for Conciliators
  • Chapter 7
    • Key Elements of a Successful Role Play
    • Fishbowl Demonstration - Conciliation Role Play (Business Divorce Case)
    • Questions for Observers
    • Lessons from Geese
    • Role Play Scenario: Bowens vs. Bowens
    • Role Play Scenario: Moore vs. Moore
  • Chapter 8
    • Sample Participation Agreement
    • Guidelines for Conciliators - Essex Probate Court
    • Sample Stipulation
    • Sample Conciliator's Report
    • Sample Party Evaluation Form
    • Sample Attorney Evaluation Form
    • Sample Report to Conciliation Administrator
    • Bibliography - Boston Law Collaborative, LLC
  • Entire Conciliation Manual - Sections 1 - 8

Handouts and Suggested Readings

Role Plays

Videos

Evaluation