Pathways Case Management Conferences in Massachusetts Probate and Family Court are alternative dispute resolution (ADR) processes to help resolve conflicts between parties, especially for those without legal representation. The focus is on resolving cases more quickly and effectively. Started in Massachusetts Probate and Family Court in 2019 by Chief Justice John Casey the Pathways program’s goal is to provide a problem solving venue to modifications filed with the court and to help litigants avoid the need to travel to court.
The conferences utilize Zoom for meetings with an Assistant Judicial Case Manager (AJCM), making participation easily accessible for self-represented litigants.
Purpose of Case Management Conferences
Case Management Conferences in the Probate and Family Court focus on negotiation and settling contested family matters. They typically range from half an hour to several hours, depending on case complexity. Unlike traditional court hearings, these sessions are more about negotiation and mediation, led by the AJCM. Pathways Conferences are different from other hearings such a pre-trial conferences in that the parties do not appear in person and the parties do not appear in front of the judge. Pathways conferences are usually held via Zoom.
Participants should prepare by identifying the specific issues, why the issues are occurring, and what would be a reasonable solution to the problem. Key actions during the conference include discussing settlement progress and identifying what can and cannot be resolved before going in front of a judge. It’s crucial to have all relevant court documents, including financial affidavits, to aid in resolving the case efficiently. In many cases, the court will issue an order before the Pathways hearing instructing the parties to file certain documents in advance. If there are any financial issues, you will be ordered to file your financial statement ahead of time.
Key Components of a Case Management Conference
Preparation and a willingness to negotiate can significantly impact the outcome. Conferences often result in the issuing of stipulations (agreements). Both parties are encouraged to engage in good faith to facilitate effective resolution.
Role of Court Staff
Court staff play a crucial role by providing feedback and drafting stipulations during the conference process. A stipulation can be administratively approved by the Judge based on the agreement of both parties. The AJCM holds the authority to draft and secure signatures for stipulations.
How to Prepare for a Case Management Conference
Being fully prepared for a case management conference is essential for a successful outcome. These conferences help streamline legal matters in Family Court by identifying key actions and future court dates. Thorough preparation facilitates an efficient process for family cases.
Gathering Necessary Documentation
Start by gathering all necessary paperwork and documentation well in advance. Essential documents may include financial affidavits, personal information related to your situation, and any additional relevant court documents requested by the judge. Organized documentation supports your case and facilitates productive discussions.
Identifying Key Issues to Discuss
The case management conference often follows initial divorce filings to expedite the process. Key issues typically include the division of property, spousal support, child custody arrangements, and other issues affecting minor children and the legal rights of the parties. Try to avoid getting weighed down or distracted by things that don’t directly bear on the issue at hand.
Promoting Positive Outcomes for Families
The Massachusetts Administrative Office of the Trial Court started Pathways to improve family court proceedings. This initiative aims to create effective management conference measures by working with judges, court staff, and parties. The goal is to provide better service and outcomes for families by reducing travel to court, encouraging cooperation, and more speedy scheduling.
The Bottom Line
Before Pathways, modifications heard in court were either sent directly to the judge, or referred to probation for dispute intervention. These routes still exist but both often result in the need for the parties to spend hours in court and might do little to reduce the tension of the disagreement.
Pathways: the new option. In the past few years the pathways program has been implemented and has offered a third option when dealing with family matter disputes. The Pathways approach is an online meeting, allowing you to stay in the comfort of your home creating a much less stressful situation. In addition you are meeting with your judge’s AJCM, who is typically an attorney that knows how the judge typically decides certain issues. Both parties are able to present their sides, include details they find pertinent and get feedback from the AJCM. Most importantly, Pathways is a venue for creative problem solving to complex issues. It allows for a back and forth between the parties. If there is an agreement that agreement an be drafted by the AJCM and entered as an order of the court administratively.