Rotate Legal Massachusetts Mediation Forms For Free

Unlike an arbitrator, the mediator is not the decision-maker and does not resolve the dispute ? but rather facilitates communication so the parties can reach a resolution that works for both of them. Mediation is especially useful when opposing parties have a relationship they want to preserve.

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.

BA/BS degree and a minimum of 2 years of experience as a Massachusetts court based mediator in small claims, summary process and civil mediation; Completion of 30 hours basic mediation training in Massachusetts; Completion of specialized housing mediation training in Massachusetts.

A mediator helps to facilitate the discussion that makes agreement possible. With arbitration or litigation, an arbitrator or a judge decide and the parties have to live with the outcome even if neither is that happy with it.

An agreement reached during mediation is enforceable in court just like any other settlement agreement resolving a charge of discrimination filed with the EEOC. If either party believes that the other party has failed to comply with a mediated settlement agreement, he or she should contact the ADR Coordinator.

While courts can mandate that certain cases go to mediation, the process remains "voluntary" in that the parties are not required to come to agreement. The mediator does not have the power to make a decision for the parties, but can help the parties find a resolution that is mutually acceptable.