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	<title>Comments on: Court-connected mediation in Massachusetts another casualty of tough economy</title>
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	<link>http://mediationchannel.com/2008/11/11/court-connected-mediation-in-massachusetts-another-casualty-of-tough-economy/</link>
	<description>Talking about mediation, negotiation, conflict resolution, and law</description>
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		<title>By: DB Reiff</title>
		<link>http://mediationchannel.com/2008/11/11/court-connected-mediation-in-massachusetts-another-casualty-of-tough-economy/#comment-1685</link>
		<dc:creator><![CDATA[DB Reiff]]></dc:creator>
		<pubDate>Fri, 14 Nov 2008 14:33:22 +0000</pubDate>
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		<description><![CDATA[Diane,

A particularly sad aspect of this is the ever-increasing number of evictions in Summary Process court due to foreclosures.  Whether the landlord lost the house due to failed speculating or simple tough times. tenants are often the silent victims of the foreclosure plague.  Mediators are often able to help the parties make the eviction a little easier.  And a little is a lot.]]></description>
		<content:encoded><![CDATA[<p>Diane,</p>
<p>A particularly sad aspect of this is the ever-increasing number of evictions in Summary Process court due to foreclosures.  Whether the landlord lost the house due to failed speculating or simple tough times. tenants are often the silent victims of the foreclosure plague.  Mediators are often able to help the parties make the eviction a little easier.  And a little is a lot.</p>
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		<title>By: Diane Levin</title>
		<link>http://mediationchannel.com/2008/11/11/court-connected-mediation-in-massachusetts-another-casualty-of-tough-economy/#comment-1688</link>
		<dc:creator><![CDATA[Diane Levin]]></dc:creator>
		<pubDate>Wed, 12 Nov 2008 19:03:49 +0000</pubDate>
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		<description><![CDATA[Thanks, Dina, for taking time to comment.  I would hope that few mediators in Massachusetts depended financially on the courts as a revenue stream -- hardly a sound business practice.

But I agree with your point about &quot;loyal yet cheap labor&quot;. That&#039;s a whole other issue and one that I didn&#039;t address in this post -- the exploitation and devaluation of mediation services by the courts. What other professionals are expected to provide services to the state for little or no remuneration? It&#039;s going to take a revolution to change the long-standing practice of utilizing volunteer, pro bono mediation services in courts -- and that revolution will have to take place within mediation programs and among mediators themselves.  I&#039;m not suggesting that mediators -- or any other professional for that matter -- abandon all pro bono work.  Giving back and supporting communities are laudable goals. But we need to make sure at the same time that the professional services that mediators provide are valued adequately.

I hope that the mediation programs affected go on strike or find some other effective and highly visible way to let the powers that be know that this move is a giant step backward for public justice. The courts and the public benefited greatly from the services these programs provided, and canceling these contracts serves no one well.  Given the current economic climate, I suppose reinstatement of the contracts with a 100% increase is out of the question, but maybe some day...]]></description>
		<content:encoded><![CDATA[<p>Thanks, Dina, for taking time to comment.  I would hope that few mediators in Massachusetts depended financially on the courts as a revenue stream &#8212; hardly a sound business practice.</p>
<p>But I agree with your point about &#8220;loyal yet cheap labor&#8221;. That&#8217;s a whole other issue and one that I didn&#8217;t address in this post &#8212; the exploitation and devaluation of mediation services by the courts. What other professionals are expected to provide services to the state for little or no remuneration? It&#8217;s going to take a revolution to change the long-standing practice of utilizing volunteer, pro bono mediation services in courts &#8212; and that revolution will have to take place within mediation programs and among mediators themselves.  I&#8217;m not suggesting that mediators &#8212; or any other professional for that matter &#8212; abandon all pro bono work.  Giving back and supporting communities are laudable goals. But we need to make sure at the same time that the professional services that mediators provide are valued adequately.</p>
<p>I hope that the mediation programs affected go on strike or find some other effective and highly visible way to let the powers that be know that this move is a giant step backward for public justice. The courts and the public benefited greatly from the services these programs provided, and canceling these contracts serves no one well.  Given the current economic climate, I suppose reinstatement of the contracts with a 100% increase is out of the question, but maybe some day&#8230;</p>
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		<title>By: Dina</title>
		<link>http://mediationchannel.com/2008/11/11/court-connected-mediation-in-massachusetts-another-casualty-of-tough-economy/#comment-1689</link>
		<dc:creator><![CDATA[Dina]]></dc:creator>
		<pubDate>Wed, 12 Nov 2008 16:57:37 +0000</pubDate>
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		<description><![CDATA[Diane, I share your disappointment.  This very short-sighted decision will, unfortunately, have long lasting impact on our profession as well as the courts.  Where else will the court find such passionate, loyal yet cheap labor to manage the its backlogs?

On the bright side, maybe this will act as a wake up call to mediation programs and mediators who failed to diversify their  client base or market sufficiently in the private sector. We can either adapt to the new market conditions or perish.]]></description>
		<content:encoded><![CDATA[<p>Diane, I share your disappointment.  This very short-sighted decision will, unfortunately, have long lasting impact on our profession as well as the courts.  Where else will the court find such passionate, loyal yet cheap labor to manage the its backlogs?</p>
<p>On the bright side, maybe this will act as a wake up call to mediation programs and mediators who failed to diversify their  client base or market sufficiently in the private sector. We can either adapt to the new market conditions or perish.</p>
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		<title>By: Diane Levin</title>
		<link>http://mediationchannel.com/2008/11/11/court-connected-mediation-in-massachusetts-another-casualty-of-tough-economy/#comment-1687</link>
		<dc:creator><![CDATA[Diane Levin]]></dc:creator>
		<pubDate>Tue, 11 Nov 2008 19:50:09 +0000</pubDate>
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		<description><![CDATA[Arnold, I appreciate your comment.  I hope that court-connected mediation in Ontario will remain unaffected and not share our fate. This is just one more sign of the times...]]></description>
		<content:encoded><![CDATA[<p>Arnold, I appreciate your comment.  I hope that court-connected mediation in Ontario will remain unaffected and not share our fate. This is just one more sign of the times&#8230;</p>
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		<title>By: Arnold Zeman</title>
		<link>http://mediationchannel.com/2008/11/11/court-connected-mediation-in-massachusetts-another-casualty-of-tough-economy/#comment-1686</link>
		<dc:creator><![CDATA[Arnold Zeman]]></dc:creator>
		<pubDate>Tue, 11 Nov 2008 19:34:11 +0000</pubDate>
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		<description><![CDATA[This is disheartening news indeed.  In Ontario, where I live, there have fortunately been no indications of a comparable move.  There are two vehicles for court based mediation here: court-connected family mediation that is strictly voluntary--this provides access to lower income clients as mediation fees are based on income and may be as low as $5.00 an hour; and, mandatory mediation of civil litigation matters--compulsory for any civil action with fees not based on income.  As long as the provincial government is convinced that the net savings to the justice system is greater than the program costs for mediation, I suppose there will be no change.  But I wouldn&#039;t necessarily bank on it!]]></description>
		<content:encoded><![CDATA[<p>This is disheartening news indeed.  In Ontario, where I live, there have fortunately been no indications of a comparable move.  There are two vehicles for court based mediation here: court-connected family mediation that is strictly voluntary&#8211;this provides access to lower income clients as mediation fees are based on income and may be as low as $5.00 an hour; and, mandatory mediation of civil litigation matters&#8211;compulsory for any civil action with fees not based on income.  As long as the provincial government is convinced that the net savings to the justice system is greater than the program costs for mediation, I suppose there will be no change.  But I wouldn&#8217;t necessarily bank on it!</p>
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