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While courts can mandate that certain cases go to mediation, the process remains "voluntary" in that the parties are not required to come to agreement. The mediator does not have the power to make a decision for the parties, but can help the parties find a resolution that is mutually acceptable.
The most important change introduced by the New Law is the mandatory mediation process, under which parties to a labour dispute are required to submit their cases to a mediator prior to filing a lawsuit before the labour courts.
As in most states, Massachusetts law allows parties to choose arbitration, rather than trial in the court system, to reach final resolution of their disputes. Parties agree on an impartial arbitrator with training and experience in the specific area of law involved in the dispute.
There may be room for a compulsory step in commercial mediation processes where essentially it is about facilitating a negotiation towards a financial resolution. When it comes to workplace mediation, participating in mediation must remain voluntary ? but some compulsion to consider the mediation option is desirable.
Mediation is a voluntary process, and cases are resolved by mediation only if both parties agree.