Harvard Mediation Program
General Description
Harvard Mediation Program (HMP) is a student practice organization and a clinical program of Harvard Law School. As such, it serves the greater Boston community by providing volunteer mediators in six area district courts. This community service results in almost 400 mediated cases per year.
Mediations are conducted in the areas of small claims, landlord-tenant, parent-child, and advanced civil cases. HMP works collaboratively with other community mediation programs such as Metropolitan Mediation Services in Brookline in order to provide service to the community and mediation opportunities to its members.
History
Students first developed a pilot mediation program in the spring of 1980 to explore methods of alternate dispute resolution. In 1981, HMP was launched with about 20 students as a part of the HLS Program on Negotiation. It was a pioneering effort at a time when there were only a handful of mediation programs in the country. In 1984, HMP became a clinical program associated with the Harvard Clinical Programs Office. Over the years, the Program has welcomed people from the community as members. The combination of student and non-student mediators helps the Program function successfully and has proven beneficial to all.
Mediation at HMP
HMP follows a facilitative mediation model. It was originally based on Getting to Yes by Fisher and Ury. Each year the trainers, who are student members of HMP, refine and develop their four-day, 32-hour training, but the basic principles have remained the same. In this view, mediation is a process of facilitating a conversation among two or more parties. The goal is to help them express their interests and explore options for resolving their dispute themselves. We aim to have parties generate a solution themselves, rather than have the mediator recommend an outcome; not always an easy task!
Beginning mediators are assigned to a small claims court to mediate one session every other week. In small claims court, these disputes can be about anything, from feuding neighbors to lemon cars to angry customers. HMP uses co-mediation, which means that most of the time two mediators will work on a case together.
At the beginning of each semester, HMP trains 24 new mediators and assigns them to a local court. The training consists of the 32 hours that comprise the two weekends, some observations in court, and one or two meetings during that semester. The mediations are supervised or observed by more experienced mediators. Feedback sessions follow the mediations to expedite further informal learning.
After the initial requirements are completed, the trainee will receive a certificate of completion from HMP.
Program: Features and Activities
Clinical Credit
Students taking the Mediation course taught by Professor Michael Wheeler (formerly taught by Professer Frank Sander) are able to receive one clinical credit through the Mediation Program. It is also possible to receive an independent clinical credit. Students can inquire about either of these options.
Divorce Mediation
The Hale and Dorr Legal Services Center (LSC) offers divorce mediation training as part of their Family Law Practice. Mediating with HMP fulfills a prerequisite for that option. Address inquiries to Cindi Monteiro at LSC at 617-522-3003.
Board Membership
HLS students are encouraged to become active and assume responsibilities in the organization. Each spring a board is elected for the following year. The Board meets to decide on directions and policy for the Program. Board members also take on such tasks as training, outside training, social events, programs and panels, and recruiting among others.
Every fall, HMP organizes a panel on the World of Law on the topic of alternate dispute resolution. This is an excellent opportunity for students to learn about career possibilities in this area. In April 2000, Program members also participated in the Mediation and Minority Cultures Conference at the Law School.
Application
HLS students can apply early in each semester. Notices about the application procedure are posted in the Adviser and around the campus. Applications will be available in the Mediation Program office in Austin 002. Training takes place typically on two weekends at the end of September and early October and again during early February.
Community members (including everyone who is not a Harvard Law School student) may send a self-addressed envelope to HMP, Harvard Law School, Austin 002, Cambridge, MA 02138 with a note stating your interest in mediation training. An application will be sent to you as soon as it is available.
Basic and Advanced Division Descriptions
1. Basic Division
The HMP includes both basic and advanced mediation opportunities. The Basic Division, providing the backbone of the HMP's structure, involves opportunities to learn, practice and teach small claims court mediation. Covering introductory theory and skills, the Basic Division includes: 32 hours of introductory theory and skills training taught by experienced student trainers; one office-hour every other week; and placement in one of six local district courts handling small claims cases.
When parties of a small claim are asked or agree to try mediation, the court officer assigns them to a pair of mediators. Mediations typically last between 45 and 90 minutes. If settlement is reached, a written agreement is entered as a judgment of the court. If settlement is not reached, the obligation of the mediators ends and the parties remain in court to have their cases heard by a clerk-magistrate.
The HMP offers Basic Training twice each academic year. Approximately 24 applicants are accepted for each training.
2. Advanced Division
After completing Basic Training, mediators may apply for Advanced Training. The Advanced Division handles self-referrals and cases referred by regional courts, probation officers and other sources.
The Advanced Division includes 16 hours of training by mediation professionals followed by mediation of advanced cases as scheduling and availability permit. Applicants must complete the HMP's Basic Training, including court experience, before applying to the Advanced Division.