The Mediation Project Norfolk Probation Department & the Norfolk Probate and Family Court Department Conducted by: Conducted by: Donna Feinberg, Chief of Probation, Norfolk Probate and Family Court Department Josh Hoch, Mediator & Director of Mediation & Arbitration Services, MWI MWI & Landmark ASP Solutions Pilot Purposes – What we set out to do • Serve the Trial Court Department – Educate the court and litigants about mediation – Provide confidential on‐site mediation services at no cost – Work with the Probation Department to offer another service • Provide mediators an opportunity to – Gain experience – Receive mentoring – Observe court – Learn from each other through co‐mediating, observing and debriefing MWI | www.mwi.org | 800-348-4888 PURPOSE The Beginning • Mentors were selected • Mediators signed up to participate ‐ 18 mediators registered the first week the program was announced • September 12, 2013 ‐ Orientation was held at the court and First Justice, Judge Casey welcomed the mediators • September 16, 2013 ‐ Our first day, Kim Whelan and Chris Farnsworth co‐mediated one case that reached agreement helping young parents co‐parent. MWI | www.mwi.org | 800-348-4888 GETTING STARTED The Mediators • • • • • • • • Anita Aherne Kathy Brown Elizabeth Chouinard Deborah Danger Chris Farnsworth Jennifer Hawthorne Nina Kierulf Patricia Lamo de Espinosa MWI | www.mwi.org | 800-348-4888 • • • • • • • Igor Novikov Melissa Paddock Richard Sadowski Diane Sherlock Heidi Werther Kim Whelan Stephanie Williams MEDIATORS Mentors • Josh Hoch • Nnena Odim • Cyndi Monteiro MWI | www.mwi.org | 800-348-4888 • • • • John Fiske Rachel Goldman Crystal Thorpe Arline Kardasis MENTORS Sample Cases Mediated • Young parents discussing a parenting plan for their 4 year old son. 4 hours of mediation. • Post Divorce parents modifying child support • Grandparents arranging visitation time • Divorcing couple reaching agreement on division of assets • Separation Agreements, some as long as six hours • Medical insurance coverage for an ex spouse and her children • College tuition payment arrangements • Modification of alimony • and many more . . . MWI | www.mwi.org | 800-348-4888 MEDIATION What Mediation is Doing in Court Provides a confidential setting that: • Empowers people • Gives people a voice • Models and teaches effective communication, cooperation and collaboration skills • Leads to positive outcomes for children • Timely and efficient • People who reach agreements that they create are more likely to uphold them • Less court involvement • Resolves family disputes MWI | www.mwi.org | 800‐348‐4888 MEDIATION WORKS Lessons Learned – from Mediators • • • • • • • “Mediating is hard but fun” “There is still a lot to learn” “I got great experience co‐mediating” “I learned from my mentor” “I can do this!” “I had the chance to help parents” “This can be hard because there isn’t always enough time to make connections with the parties” • “I think mediation helps people in more ways than we realize” • “Helpful to watch a mentor mediate, when she jumped in” MWI | www.mwi.org | 800-348-4888 DISPUTE RESOLUTION Lessons Learned – from Mentors • “Mentoring is hard” • “Mediators had patience” • “Mediators were: – dedicated – effective – generous of time – helpful to the parties – went with the flow, and – accommodating to the court” MWI | www.mwi.org | 800-348-4888 DISPUTE RESOLUTION Upheld Principles of Mediation 1. Voluntary (screened and then mediated) 2. Informed Consent (with help from counsel and probation) 3. Self‐Determination (allowed parties to create their own agreements) 4. Impartial/Neutral (worked hard at this!) 5. Confidential MWI | www.mwi.org | 800-348-4888 PRINCIPLES Pilot Program Statistics From September 16, 2013 – December 4, 2013: • Mediators attended court 34 dates and mediated 44 cases • 199 hours of volunteer mediation time was provided • 88 clients were served • 44 cases screened • 44 cases mediated • 6 cases mediated a second date • 31 cases reached agreement ‐ 70% • 13 cases did not reach agreement © 2013 MWI www.mwi.org All rights reserved STATISTICS Thank you • Probation Department – Donna Feinberg, Chief Probation Officer “awesome” – Brian Quinn, Assistant Chief Probation Officer “helpful and accommodating” MWI | www.mwi.org | 800-348-4888 – – – – – – – – Barbara Barrett Claudine Demesmin Francesca Devlin Michelle M. Duarte‐ Montgomery Susan Dwyer John O'Connor Kathleen Sanford Carol Valentine PROBATION Thank you • Judges – Judge Casey – Judge Ulwick – Judge Jacobs – Judge Phelan MWI | www.mwi.org | 800-348-4888 JUDGES Thank you • Assistant Judicial Case Managers – Clare Gamberoni, Local ADR Coordinator – Lesley Goldsmith – Kathryn Hannon – Michelle Yee – Nancy Gargiulo, Sessions Clerk • “They were all so welcoming” MWI | www.mwi.org | 800-348-4888 AJCM Thank you • Court Officers – “Always there to open a door” – “Made us feel safe” – “Nice and engaging” – “Funny” MWI | www.mwi.org | 800-348-4888 COURT OFFICERS A Special Thank You to: • Chief Justice of the Trial Court Department, Hon. Paula Carey • Probate and Family Court Department Chief Justice, Hon. Angela M. Ordoñez • Christine Yurgelun, Esq. • Timothy J. Linnehan, Esq. • ADR Probate and Family Court Steering Committee • The Dispute Resolution Standing Committee Members • Norfolk Probate and Family Court Department • Norfolk Probation Department MWI | www.mwi.org | 800-348-4888 THANK YOU About MWI’s Trial Court Involvement MWI actively provides mediation services to: • District Court Department – Quincy, Newton, Wrentham, Fall River, New Bedford, Hingham, Plymouth, Taunton, & Dedham • Municipal Court Department – East Boston, South Boston, & Dorchester • Land Court Department • Probate and Family Court Department – Norfolk MWI is approved in additional court departments and is proud to serve the Trial Court. MWI | www.mwi.org | 800-348-4888 APPROVED PROVIDER Serving the Trial Court – By the numbers January 1, 2013 – December 4, 2013 MWI mediators mediated 357 cases serving 971 litigants in the Trial Court Department! MWI | www.mwi.org | 800-348-4888 STATISTICS Questions Questions about the program can be directed to: Josh Hoch MWI 617‐973‐9739 x23 [email protected] MWI | www.mwi.org | 800-348-4888 Donna Fienberg, Chief PO Norfolk Probate and Family Court 781‐830‐1249 CONTACT
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