What is Mediation?
Mediation is a form of facilitated negotiation, by a mediator, who helps the parties engage in a dialog to search for a joint agreement. All decisions, from agreeing to participate in the mediation, to possible terms of an agreement, are decided by the parties.
The mediator has no authority over the parties nor impose any directives. The mediator is there to help the parties find their interests, list and organize the options they have vs the alternatives and the outcome probabilities for each outside a resolution via the mediation process.
The mediator has no authority over the parties nor impose any directives. The mediator is there to help the parties find their interests, list and organize the options they have vs the alternatives and the outcome probabilities for each outside a resolution via the mediation process.
Why Mediation?
There are many advantages to mediation, and below is a list of a few
- Saves parties time and money
- Allows parties to resolve disputes in accordance with own preferences
- Confidential, private forum for addressing sensitive issues and exploring settlment
- Parties control selection of mediator
- Parties retain control over outcome; can end mediation at any time
- Allows for creativity and flexibility in generating options; leads to solutions tailored to meet parties’ interests
Is it confidential?
All communications in mediation are confidential, and neither the mediator's work product nor the participants' statements made in mediation about the subject matter can be disclosed later or admitted into evidence if a trial is held. Private sessions between a single party and the mediator have a second level of confidentiality, since they aren’t shared with the other party without permission. The only record of a mediation is the written agreement reached by the parties.
https://www.mass.gov/info-details/about-mediation
https://www.mass.gov/info-details/about-mediation
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