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Confidentiality. All communications in mediation are confidential, and neither the mediator's work product nor the participants' statements made in mediation about the subject matter can be disclosed later or admitted into evidence if a trial is held.
Conciliation differs from traditional mediation by empowering the third party neutral (the conciliator) to offer critical feedback to each party, including offering his or her belief of how a judge will probably rule on each party's' position if the case goes to trial.
Superior Court 1. Each party acknowledges that the arbitration process, and in particular, the Arbitrator's award, is binding on all parties and not subject to appeal or review by any judicial or administrative process (except as provided in G.L. c. 251, §§ 9, 12, and 13).
Mediation is a voluntary process, and cases are resolved by mediation only if both parties agree.
The Massachusetts Act adopted the central provision of the FAA, which makes both pre and post dispute agreements to arbitrate ?valid, enforceable and irrevocable,? except on the grounds for the revocation of other contracts.
The Arbitration Fairness Act was introduced in May of 2011 (S 987 IS0) and would make any pre-dispute arbitration agreement invalid and unenforceable if it requires arbitration of employment disputes, consumer disputes or civil rights disputes.
Arbitrator listens to facts and evidence and renders an award. Mediator helps the parties define and understand the issues and each side's interests. Parties present case, testify under oath. Parties vent feelings, tell story, engage in creative problem-solving.
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.