Conciliation Training – Presented by the Trial Court Standing Committee on Dispute Resolution
This remote training will inform attorneys about court-connected conciliation services to the District Court or Probate and Family Court.
Dates/Time/Location
- Day 1 – March 5, 2026 / 8:30 AM to 1:00 PM / Zoom – Contact Timothy M. Linnehan for the Zoom Link.
- Day 2 – March 6, 2026 / 8:30 AM to 1:00 PM / Same Zoom link
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
- Agenda
- Training Slides
- Day 1
- Day 2
- Training Team Bios
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 v. 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
- Participation Agreement – Probate
- Conciliation Defined
- Conciliation Introduction
- Conciliation Steps
- SJC Model Jury Instructions
- Reducing Unconscious Bias: An Ethical Requirement And Moral Imperative, by David Hoffman
- Follow the Science: Proven Strategies for Reducing Unconscious Bias, by David Hoffman
- A Guide to Court-Connected ADR Services
- Uniform Rules on Dispute Resolution
- Summary of Uniform Rules
- Summary of Ethical Standards
- Ethical Standards Activity
- Ethical Standards Exercise Commentary
- Glossary of ADR Processes
- Legal Disputes
- Overcoming Resistance to Using ADR
- ADR Spectrum
- Ethical Rules Governing the Lawyer-Mediator in Massachusetts
- Negotiation Primer
- Questions for Observers
- Conciliation
- Bibliography (books, articles, and videos)
Role Plays
- Role Play Skills Checklist
- Fishbowl Demo General Information
- District Court – Role Play 1 – Consumer Case
- District Court – Role Play 2 – Tort Case
- Probate and Family – Role Play 1 – Bowens v. Bowens
- Probate and Family – Role Play 2 – Moore v. Moore
Videos
Evaluation
For More Information
For more information about Conciliation Training, contact Timothy M. Linnehan.
For more information about training services or this webpage, contact Josh Hoch at 617-895-4028.
