Massachusetts Mediation Clauses
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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.
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.
A confidential mediation statement, on the other hand, provides an opportunity to clearly assert your client's strengths and the other side's weaknesses without having to pull your punches, enabling you to telegraph to the mediator the arguments about which you are most confident. The weaknesses of your case.
As this case demonstrates, the mediation clause of agreements of sale for the purchase of real estate are just as enforceable as any other alternative dispute contractual provision under the law.
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.
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.
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.
