Massachusetts Mediation Agreement between Private Parties

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US-02296BG
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Description

Mediation is a non-adversarial method of alternative dispute resolution (ADR) in which a neutral third party helps resolve a dispute. The mediator does not have the power to render a decision on the matter or order an outcome. If a satisfactory resolution cannot be reached, the parties can pursue a lawsuit.


Mediation is often used to help a divorcing or divorced couple work out their differences concerning alimony, child support, custody, visitation and division of property. Some lawyers and mental health professionals employ mediation as part of their practice. Some states require mediation in custody and visitation disputes. Other states allow courts to order mediation and a few states have started using mediation to resolve financial issues as well.

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FAQ

The primary disadvantage of mediation is that it cannot always ensure an outcome that is favorable to both parties. Because the mediator is not an impartial decision-maker, it can be difficult to enforce the terms of an agreement in the event that one or both parties do not comply with the terms they have agreed to.

You should follow these tips about what to avoid saying and doing to improve your chances of a successful mediation. Don't Be Disrespectful. ... Mediation is Not About Placing Blame. ... Don't Demand More Money. ... Don't Introduce Brand New Information. ... Don't Say, ?That's Confidential Information? ... Don't Make Ultimatums.

The non-binding nature of mediation means also that a decision cannot be imposed on the parties. In order for any settlement to be concluded, the parties must voluntarily agree to accept it. Unlike a judge or an arbitrator, therefore, the mediator is not a decision-maker.

A mediation agreement becomes binding once both parties sign it. Therefore, you should thoroughly review mediation agreements before signing them, as the contract becomes legally enforceable once you sign the document. In some circumstances, a mediation agreement will be found unenforceable.

Mediation agreements aren't initially legally binding, so you can dispute them before initiating legal proceedings. However, some people might feel the initial arrangement they entered into was unfair, so it's vital to have complete clarity about your memorandum of understanding and how it will impact your life.

Massachusetts' Mediation Confidentiality Statute: 233, s. 23C states: All memoranda, and other work product prepared by a mediator and a mediator's case files shall be confidential and not subject to disclosure in any judicial or administrative proceeding involving any of the parties to which such materials apply.

You may not have to pay for the MIAM or mediation if you or the other parent are eligible for legal aid. The mediator can help you check. First you have a MIAM, which is the first meeting. The other parent sees the mediator too.

The non-binding nature of mediation means also that a decision cannot be imposed on the parties. In order for any settlement to be concluded, the parties must voluntarily agree to accept it. Unlike a judge or an arbitrator, therefore, the mediator is not a decision-maker.

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Massachusetts Mediation Agreement between Private Parties