TO:  MWI Mediators

FROM:  Josh Hoch, Director of Mediation Services

RE:  Uniform Rules On Dispute Resolution - Neutral Qualifications Form

Rule 8 (b)(v) of the Uniform Rules On Dispute Resolution requires that MWI and other approved ADR providers maintain current records of the neutrals.  While MWI has information on each of our mediators, we need each MWI mediator to complete and submit the form below in order to be in compliance with the AOTC.

There are two ways to submit the information to MWI.  One is to fill out the form below and click submit.  Please know that while you can modify your application before sending to MWI, you must complete and submit your completed application before leaving this page or your application will not be saved and you will need to start over.  Another option is to fill out the form as a Word document and send your completed application as an attachment to me.  A copy of the application in Word can be found by clicking here.

Please keep a lookout for comments in blue.  Comments in blue are from MWI and are intended to help streamline the application process.  These comments are not included in the Word document so I suggest that you cross check your application in Word with MWI's comments in blue when completing your application.

Please read the instructions carefully when completing the application and let me know if you have any questions.  Feel free to click the "Live Help" button below during business hours for immediate on-line assistance.  Thank you for mediating with Mediation Works Incorporated.

Josh Hoch
Director of Mediation Services
617-973-9739 x23
jhoch@mwi.org

 

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Rule 8 FORM 4
Neutral Qualification Experience
 
This form is designed to assist neutrals in presenting their experience to programs, and to assist programs in compiling and maintaining the information necessary to comply with the record-keeping requirements of Rule 8(b)(v), 8(j), and 8(k).  This form also allows programs to gather information necessary to make the determination about whether the neutral has met the qualification requirements under Rule 8.  It is to be completed by the neutral and submitted to the approved program.  If a program determines that a neutral qualifies for the limited exemption, it may use this form in its application to evidence the neutral’s eligibility requirements pursuant to Rule (k)(ii) in conjunction with Form 3 or submit the required information in another format.

The neutral should use a separate form for each ADR process in which he or she is seeking qualification. 

note: MWI is seeking applications for mediators at this time.  If you choose to complete an application for other processes, you may do so, but only in addition to your mediator application.

Section A.       Applicant Information

First Name:  

Middle Initial:

Last Name:

Address:

Home Phone:

Work Phone:

Fax:

Email:

ADR Process for which you are seeking to be qualified [CHECK ONE ONLY per application]:

Mediation

Arbitration

Mini Trial Neutral

Conciliation

Summary Jury Trial Neutral

Court Department(s):

Superior

Land

Probate & Family

District

BMC

Juvenile

Housing

Court Department(s) and Divisions(s) for which you seek to provide services:

note: While you are welcome to include your preferences, MWI will speak with each neutral about their preferences for departments and divisions once MWI is approved.  (Please see http://www.mass.gov/courts/admin/legal.html for additional information about Court Departments and Divisions.)     

Section B.     Method of Qualification  

note: All MWI neutrals should complete this application using the Standard Requirements.

Indicate the method under which you wish to be considered for qualification.  You may select more than one method if you are not sure of which method applies to you, or if you believe you qualify under more than one method: (Please see http://www.mass.gov/courts/admin/legal.html for additional information.)   

Standard Requirements.  If a neutral does not meet the standards of either the limited exemption or the alternative methods, he or she must meet the training, mentoring and evaluation standards set forth in Rule 8 and the Guidelines.

Alternative Methods.  This provision allows neutrals to meet the standards in Rule 8 by showing that previous training, mentoring, and evaluation are substantially equivalent to the requirements in the current rule. It is designed for neutrals who have received or administered training, mentoring and evaluation in another state or before the qualifications standards became effective.  The program determines whether the neutral’s training, mentoring and evaluation experience is substantially similar to the requirements set forth in Rule 8.

Limited Exemption.  This is a one time exemption for those mediators, arbitrators, case evaluators and conciliators who satisfy the requirements of Rule 8(k)(iii) and receive approval from the approved program.  Even if a neutral satisfies the initial specific experience requirements in Rule 8(k)(iii)*, approved programs have discretion in deciding whether to approve neutrals under this exemption. Rule 8(k)(iii) specifically states that “a program shall consider the neutral’s overall experience and other factors under Rule 8 ( e.g., prior training, mentoring,  evaluation, the recency of his or her experience and the number and types of cases handled).”   

*To be eligible for the limited exemption, a neutral must have been serving for five years between July 1, 1996 and July 1, 2002 on a panel of an approved program on or before July 1, 2002, must have served in the process for which the exemption is being sought, and must have provided a minimum number of hours of service in the process for which he or she seeks exemption (the minimum number of hours for each process is set forth in Rule 8(k)(iii)).

Section C.              Professional Information

Notwithstanding the way in which the neutral meets the training, mentoring and evaluation requirements, all neutrals who wish to practice in a court approved program in a process that has professional qualifications (conciliators, case evaluators, mini-trial neutrals, and summary jury trial neutrals) must meet those qualifications. 

note: Please skip Section C unless you are completing an application to provide services other than mediation.
 

Admitted to the Bar in the Commonwealth of Massachusetts? 
(Conciliator, Case Evaluator) Yes    No

In good standing with the Board of Bar Overseer?
(Conciliator, Case Evaluator)  Yes    No

Number of years engaged in the practice of law in the Commonwealth of Massachusetts:
(Conciliator)

Number of years of trial experience within the Commonwealth of Massachusetts as an attorney or judge:
(Case Evaluator)

Number of years evaluating legal disputes as a judge, arbitrator, attorney or executive level decision maker: 
(Mini-Trial Neutral)

Number of years as an arbitrator, trial attorney or judge: 
(Summary Jury Trial Neutral)

In good standing in every jurisdiction in which you are licensed to practice law?
(Summary Jury Trial Neutral)  Yes    No

Section D.              Training

Rule 8 of the Uniform Rules on Dispute Resolution and the Guidelines for the Implementation of Qualification Standards for Neutrals have specific requirements for training, including basic training, ethical standards and court orientation. Please refer to the GUIDELINES FOR IMPLEMENTATION OF QUALIFICATIONS STANDARDS FOR NEUTRALS to assist you in describing the necessary components of any training you have received and demonstrate how it substantially complies with these requirements.   Rule 8 of the Uniform Rules of Dispute Resolution and the Guidelines can be found on the Internet at http://www.mass.gov/courts/admin/legal.html .

Training:  Please provide information regarding the nature of each training and continuing education programs you have participated in as a student or trainer  Please attach a copy of your certificate of completion and/or a copy of the agenda, if possible, in an email to jhoch@mwi.org .

1) Type of training: (include number of hours and format and indicate whether you participated as a student or trainer):

Organization conducting training:

Date attended/completed:

2) Type of training: (include number of hours and format and indicate whether you participated as a student or trainer):

Organization conducting training:

Date attended/completed:

3) Type of training: (include number of hours and format and indicate whether you participated as a student or trainer):

Organization conducting training:

Date attended/completed:

Ethical Standards: Please provide information about orientation(s) regarding Ethical Standards in alternative dispute resolution (including but not limited to Rule 9 of the Uniform Rules on Dispute Resolution) that you have participated in as a student or trainer.

Organization conducting orientation:

Length of orientation in hours:

Date attended/completed:

2) Ethical Standards:

Organization conducting orientation:

Length of orientation in hours:

Date attended/completed:

Court Orientation: Please provide information regarding each court orientation that you have participated in as a student or trainer, or detail how you are otherwise familiar with the courts in which your program has been approved to accept case referrals.

note: This information is covered in MWI's "New Mediator Orientation Session."  If you have not attended this session, please contact Josh at 617-973-9739 x23 or by email jhoch@mwi.org.

Organization conducting orientation:

Length of orientation in hours:

Date attended/completed:


2) Court Orientation:

Organization conducting orientation:

Length of orientation in hours:

Date attended/completed:

Section E.             Mentoring and Evaluation

Rule 8 of the Uniform Rules on Dispute Resolution and the Guidelines for the Implementation of Qualification Standards for Neutrals have specific requirements for mentoring and evaluation of neutrals. Please note that mentoring and evaluation requirements are in additions to the evaluation component in training. Please refer to the GUIDELINES FOR IMPLEMENTATION OF QUALIFICATIONS STANDARDS FOR NEUTRALS to assist you in describing the necessary components of any mentoring and evaluation you have received and demonstrate how it substantially complies with these requirements.  Rule 8 of the Uniform Rules of Dispute Resolution and the Guidelines can be found on the Internet at http://www.mass.gov/courts/admin/legal.html.

note: MWI mentors and evaluates neutrals using the following: party exit surveys, follow-up calls to parties, Director of Mediations Service's (Josh's) post-mediation conversations with mediators, peer mentoring and formal mentoring with MWI staff and consultants.  In addition, MWI requires each mediator to observe two mediations and co-mediate two cases before mediators are eligible to join the panel.  Please identify how you have fulfilled these requirements and please contact Josh with questions or need for clarification.

Evaluation: Please describe any evaluations that  have been conducted of your performance as a neutral and/or that you have conducted as an evaluator of other neutrals.
 

Organization conducting orientation, or individual/organization for which you conducted evaluation:

Length of evaluation in hours:

Date attended/completed:

2) Evaluation:

Organization conducting orientation, or individual/organization for which you conducted evaluation:

Length of evaluation in hours:

Date attended/completed:

Mentoring:  Please describe any mentoring in which you have participated as a neutral-in-training and/or in which you have served as a mentor for another neutral. 

Organization conducting mentoring, or individual/organization for which you conducted mentoring:  

Length of mentoring in hours:

Date attended/completed:

Observation: Please provide information on observations in which you have participated

Observed:    Number of sessions and approximate number of hours which you have observed someone else while they were acting as a neutral in the ADR process for which you are seeking to be qualified: 

Number of sessions:
Number of hours:

Been observed:    Number of sessions and approximate number of hours that someone has observed you in the ADR process for which you are seeking to be qualified: 
Number of sessions:
Number of hours:

Number of cases in the last three (3) years in which you have served as a neutral in the ADR process for which you seek to be qualified:

Section F:       Additional Information

Please check those dispute resolution processes in which you have previously served as a neutral:

Mediation

Arbitration

Mini Trial Neutral

Conciliation

Summary Jury Trial Neutral

Dispute Intervention

Case Evaluation

Master

Judge

Please list all professional affiliations, licenses and/or memberships (or email a resume to jhoch@mwi.org). 

Please provide additional information concerning your experience, education or training not already provided in this document that demonstrates your familiarity with and ability to perform the duties of a neutral in the ADR process for which you are seeking to be qualified, including:

a.     the nature of your experience, including the types of disputes you have handled

b.     the total number of cases handled over the last five years;

c.    Use examples and indicate accomplishments that demonstrate effective use of skills you possess that would enable you to perform effectively as a  neutral in the ADR process for which you are seeking to be qualified (for example, any ADR workshops, publications, policy committees, etc.).  Feel free to email a resume and/or any certificates not already referred to to jhoch@mwi.org.

Section G.              Limited Exemption Requirements  
See Rule 8(k)(iii) for detailed requirements at http://www.mass.gov/courts/admin/legal.html.

note: All MWI neutrals should complete this application using the Standard Requirements.

On or before July 1, 2002, were you serving on a panel of an ADR program that was approved by one or more Trial Court Departments?   Yes    No

If yes, provide name of program(s):

Did you serve in the process for which you are seeking the exemption for at least five years between July 1, 1996 to July 1, 2002?   Yes    No

Did you complete the necessary hours of practice during the years between July 1, 1996 and July 1, 2002? (300 hours of mediation for mediators, 150 hours of arbitration for arbitrators, 100 hours of case evaluation for case evaluators, or 100 hours of conciliation for conciliators)   Yes    No

Section H:              Certification

Neutral Certification: Your electronic signature below certifies that the information provided in this document is true and is evidenced by information submitted to the program.

Full Name:
Date (mm/dd/yyyy):

Verification Code

Type the code you see above:
Having trouble reading the code? Click here for a new code.

Thank you very much for taking the time to complete this questionnaire.

Please contact Mediation Works Incorporated at 800-348-4888 x23 or jhoch@mwi.org for more information.

Click here to return to the top of the page. 

For internal use only:

Program Certification:   The program has reviewed the information provided by the neutral and has determined that:

[    ]      The neutral does not meet the qualifications requirements of Rule 8 of the Uniform Rules of Dispute Resolution; or :

[    ]      The neutral meets the qualification standards of Rule 8 through the following method:

[    ]     Standard Requirements

[    ]     Alternative Methods

[    ]     Limited Exemption   (If a program determines that the neutral qualifies for this exemption, it may use this form in its application to evidence the neutral’s eligibility requirements pursuant to Rule (k)(ii) in conjunction with Form 3 or submit the required information in another format.)

Program Director:            _______________________________________________

Signature:                      ______________________________________________

Date:                            _______________________________________________