How does mediation work in Massachusetts?

Mediation is a voluntary process, and cases are resolved by mediation only if both parties agree. If, after reasonable effort, the parties can't solve their dispute through mediation, they still have the right to trial, and the judge will hear and decide the case.

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Motion to Refer Case to Mediation

Massachusetts Motion to Refer Case to Mediation

Category:

Arbitration and Mediation - Motions

State:

Multi-State

Control #:

US-02642BG

Format:

Instant download

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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A mediator shall successfully complete a basic mediation training course of at least thirty hours and a court orientation, both of which comply with the guidelines adopted pursuant to Rule 8(b)(iv). A mediator shall also complete any additional, specialized training required by a Trial Court Department.

The UMA usefully clarifies the role of the mediator with regard to confidentiality. If asked by a court or agency about what has transpired in a mediation, a mediator may disclose only the fact that a mediation occurred, who attended, and whether there was a settlement.

Any communication made in the course of and relating to the subject matter of any mediation and which is made in the presence of such mediator by any participant, mediator, or other person shall be a confidential communication and not subject to disclosure in any judicial or administrative proceeding.

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.

Mediation is a voluntary process, and cases are resolved by mediation only if both parties agree. If, after reasonable effort, the parties can't solve their dispute through mediation, they still have the right to trial, and the judge will hear and decide the case.

Massachusetts Motion to Refer Case to Mediation

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Massachusetts Motion to Refer Case to Mediation

Description

Related forms

Viewed forms

How to fill out Motion To Refer Case To Mediation?

Form popularity

FAQ

What are the requirements to become a mediator in Massachusetts?

What is the Uniform mediation Act in Massachusetts?

What is the mediation privilege in Massachusetts?

Does Massachusetts have a provision for arbitration or mediation?

How does mediation work in Massachusetts?

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