Massachusetts Mediation Agreement
Description
How to fill out Mediation Agreement?
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FAQ
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.
Binding effect Once approved and signed by the judge, a mediated agreement may become a judgment or court order with the same legal effect as if the judge decided the case.
After mediation ends, your attorney will file documents with the court, if necessary, and prepare a settlement agreement for review by both parties. A mediation agreement is legally binding, so you must follow through with agreed actions, like transferring assets, delivering titles, etc.
C. 251 (?Massachusetts Act?), is the Commonwealth's version of the Federal Arbitration Act. 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.
Mediation is voluntary; participation in a hearing is mandatory; Mediation is more informal than a hearing; Mediation usually takes several hours; a hearing can take from one to three days, or more; Mediation does not usually involve lawyers (although you have the right to have one with you, if you choose); and.
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.
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.
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.
