Mediator/Conciliator

As a member of the Alternative Dispute Resolution (ADR) Unit, Mediator/Conciliators are responsible for conducting mediations between parties in actions at any time, but primarily at two distinct points in the MCAD procedure: Early Mediation and Conciliation. Duties also include the preparation work prior to mediation and conciliation and the follow up work after sessions. Preparation includes reading and reviewing all documents filed relevant to each complaint, researching and reviewing applicable case law, prior decisions and awards by MCAD hearing officers or the Full Commission, and assisting in the administrative processes of scheduling cases and notifying parties and attorneys. Follow-up duties include complete reporting of results and data, including cases scheduled, held, and results, following up with parties when appropriate or necessary, advising MCAD colleagues and Commissioners as to results and status of cases, issuing Discovery Orders, Substantive Orders, or Procedural Orders on behalf of the Investigating Commissioners, and advising the Training Unit of any Affirmative Relief Training elements of settlement agreements.

DETAILED STATEMENT OF DUTIES AND RESPONSIBILITIES:

The Mediator/Conciliator:

• Serves as a neutral and facilitator assigned to conduct early mediation and conciliation of cases, with pro-se and representative parties to reach a resolution of claims, on a regular basis and as needed;
• Prepares for all mediations and conciliations by reviewing the case file, researching any relevant cases and decisions, statutes and regulations, and applying the correct legal analysis and making necessary pre-session arrangements and invitations;
• Follows up, as needed, on all cases mediated and/or conciliated, internally with the appropriate MCAD personnel and externally with attorneys and parties served by the ADR processes. Follow-up duties also include communications with administrative staff, investigators, Attorney Advisors, Commissioner Counsel, Housing and Training Unit Directors and Commissioners as to next steps, drafting Discovery Orders for Conciliations that do not result in settlement and consultation on legal or policy issues with the Investigating Commissioners and/or General Counsel.
• Manage and prioritize assigned caseload.
• Follows up and monitors, as needed, affirmative relief provisions that are included as part of settlement agreements. These include advising the Training Unit of any details of training programs upon which respondents agree to attend, and reviewing and providing guidance of policies and procedures that need to be created, revised or updated;
• Participates in the planning, presenting and implementing of outreach/educational programs about the MCAD’s ADR programs. These include seasonal ADR Unit Roundtable Presentations and Discussions, presenting at various area law schools, bar associations and other continuing education programs in promoting the work of the MCAD and educating the bar and the public on the mission and work of the MCAD.
• Meets regularly with the rest of the ADR Unit and the ADR Director to review the business of the ADR Unit and also to participate in the ADR Unit’s monthly Best ADR Practices Discussions;
• Drafts legal Orders on behalf of the Investigating Commissioner on cases that may be dismissed based on, but not limited to the public interest/failure to cooperate/failure to accept a reasonable settlement offer;
• Researches and analyzes current case law and precedent decisions to prepare for cases that may have complex or novel issues of law;
• Assesses the legal aspects of a case by identifying issues and applying latest case law to the facts;
• Assesses damages (compensatory, incidental, nominal, pain and suffering) and affirmative relief as a legal remedy;
• May provide supervision of interns in the ADR Unit;
• Advises the Investigating Commissioners on legal matters by interpreting laws, rules, regulations, statutes and opinions;
• Has good working knowledge and understanding as to applicable discrimination and harassment laws, specifically M.G.L. c. 151B, c. 199A (lead law in housing cases), c. 272, sec. 98 (public accommodation law), and Title VII and VIII;
• Provides training and continuing education to staff on ADR technique and theory.
• May draft administrative, court or other legal documents including legal memoranda in order to communicate information to parties or agency staff;
• Recommends course of action to the Investigating Commissioner or agency staff member on specific cases including whether or not a case may resolve through settlement, negotiation or mediation.

Qualifications:

Incumbents are required to have the following at the time of hire:

1. Knowledge of theory, principles and practices of law.

2. Knowledge of procedures followed in courtroom and administrative proceedings.

3. Knowledge of the methods and ability to conduct legal research and technical report writing.

4. Ability to read and interpret legal documents and apply the law, rules and regulations governing agency operations.

5. Ability to exercise discretion and sound judgment.

6. Ability to interact effectively with diverse groups of people.

7. Ability to communicate effectively, both verbally and in writing, to clearly and concisely express thoughts and develop ideas in a logical manner.

8. Ability to use a computer to conduct research, manage databases, and produce written documents.

9. Proficiency in the use of MS applications, including Word, Excel, etc.

Qualifications

This requisition will remain open until filled; however, first consideration will be given to those applicants that apply within the first 14 days.

Please no phone calls.

Applicants should include a cover letter addressed to Michael Zeytoonian, Director of Alternative Dispute Resolution.

MINIMUM ENTRANCE REQUIREMENTS:

Applicants must have a Juris Doctorate (JD) degree, graduation from and accredited law school, admission to the Massachusetts Bar and some experience in legal research, legal writing and legal procedures and processes.

Applicants may be required to, and must have the ability to, travel throughout the Commonwealth and to all MCAD Regional Offices on a regular basis

Applicants must have a strong commitment to the mission of the MCAD: eradicating all discrimination in the Commonwealth of Massachusetts.

PREFERRED QUALIFICATIONS:

Preferred qualifications include completion of at least 36 hours of mediation training by certification-granting organization or association.

Preferred experience includes experience in one or more Alternative Dispute Resolution (ADR) processes such as mediation, conciliation, ombuds work or collaborative practice, some familiarity with and understanding of administrative and/or civil procedure, some experience and knowledge of the practice areas of state and federal anti-discrimination and harassment laws, specifically M.G.L. c. 151B, c. 199A (lead law in housing cases), c. 272, sec. 98 (public accommodation law), and Title VII and VIII.

An Equal Opportunity/Affirmative Action Employer. Females, minorities, veterans and persons with disabilities are strongly encouraged to apply.

Official Title: Counsel I Primary Location: United States-Massachusetts-Springfield-436 Dwight Job: Legal Services Agency: Commission Against Discrimination Schedule: Full-time Shift: Day Job Posting: Jun 24, 2021, 11:00:00 PM Number of Openings: 1 Salary: 62,530.26 - 90,570.48 Yearly If you have Diversity, Affirmative Action or Equal Employment Opportunity questions or need a Reasonable Accommodation, please contact Diversity Officer / ADA Coordinator: Michael Memmolo - 617-994-6124 Bargaining Unit: 06-NAGE - Professional Admin. Confidential: No