Download As Ppt Legal Massachusetts Mediation Forms For Free

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.

Some states require mediation of certain disputes, requiring mediation through state statutes or before a party request assistance from state institutions. Courts further encourage mediation by enacting statutes to protect the confidentiality of mediation procedures.

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.

Voluntary participation and self-determination are fundamental principles of mediation that apply both to mediations in which the parties voluntarily elect to mediate and to those in which the parties are required to go to mediation in a mandatory court mediation program or by court order.

Use these six steps to help you to mediate successfully: Establish the Ground Rules. ... Have a Full and Frank Discussion With Each Person, Individually. ... Explore the Issues Together. ... Negotiate and Compromise. ... Create a Written Agreement. ... Get Some Closure.