There were twenty six thousand filings in the Middlesex Probate and Family Court in 2003. The MCBA’s Middlesex Probate and Family Court Conciliation Program was developed to assist the court in handling its burgeoning caseload. The Conciliation Program utilizes approximately 50 MCBA member attorneys who practice in Middlesex County. The list of conciliators includes some of the most respected domestic relations attorneys in Massachusetts, who donate their time, pro bono, to this program. MCBA conciliators have applied their experience and creativity to bring about efficient and equitable solutions, in hundreds of cases to date. Since receiving approval from Chief Justice Sean Dunphy's office two years ago, the program has helped reduce the backlog of pending cases in the Middlesex Probate & Family Court.

The Conciliation Program benefits all litigants involved with the Middlesex Probate and Family Court. There are no income eligibility guidelines associated with this program and pro se litigants as well as litigants with counsel are eligible to participate at no cost. All conciliators have participated in an eight hour training seminar overseen by the Massachusetts Office of Dispute Resolution. Conciliators have a minimum of three years experience in the subject area of their conciliation and the current average years of experience is over 15 years. In assigning conciliators, the MCBA attempts to utilize conciliators that are in the geographic area of the litigants.

The Conciliation Program is offered to litigants at the time of the Pre Trial Conference. The Presiding Judge informs the parties of the availability of the program and if the parties elect to utilize it, the Judge issues an order sending the case to the Conciliation Program. The Program is administered by MCBA Executive Director Diane Verner. Upon receipt of a conciliation referral from the Court, she assigns a seasoned attorney in the specific area of law at issue, e.g. divorce, probate, custody, estates, etc. The conciliator meets with the parties and/or counsel in an attempt to resolve the outstanding issues and potentially settle the case. Typically conciliations run for two or more hours.

Following a conciliation, the conciliator drafts a conciliation report which is filed with the Court and the MCBA. The parties also complete and return an evaluation questionnaire to provide feedback on the program. Approximately 60 – 70 % of conciliations result in a settlement which ends the litigation process. Cases that do not settle are referred back to the Probate Court for trial. For more information about the program, please contact MCBA Executive Director Diane Verner at (781) 939-2797.