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Mediation

Mediation is voluntary, with all Parties willing and able to participate in good faith. The outcome is controlled and determined by the parties themselves. When Parties are unable to resolve their own dispute, Mediation assists the Parties to reach a mutually acceptable settlement of their differences. It is a self-determined and voluntary process of conflict and dispute resolution which is aided by the concern, neutrality and skills of a trained mediator.

The role of the mediator is to help the Parties reach their own agreement. A mediator is a catalyst who facilitates an agreement between the Parties but has no authority to impose a settlement. A mediator can only translate, suggest, advise, and at times, recommend possible ways of resolving the dispute. The mediator intervenes at the request of the Parties, and likewise, may be removed at any time by the Parties.

BUSINESS DISPUTES

Business mediation can resolve disputes associated with:

• construction matters;
• contract disputes;
• disputes between business owners, partners, or family members owning a small business;
• disputes between businesses and their customers and clients concerning work performed, services   provided and payment; and
• many other circumstances.

The mediator is a neutral third party who:

• allows the Parties to retain control of the outcome because the Parties are the decision-makers who will choose (or not) to reach an agreement with each other;
• helps the Parties to create an agreement which fits their own particular circumstances; and
• helps the Parties reach a fair and reasonable resolution of their dispute.

People who enter mediation:

• choose the issues they will negotiate;
• hear each other’s important interests; and
• reach solutions which are mutually acceptable.

FAMILY MEDIATION

Family mediation can resolve disputes associated with:

• separation;
• divorce;
• post-divorce modification of child custody and support agreements;
• other intra-family matters arising out of a separation or divorce; and
• other intra-family conflicts.

The mediator is a neutral third party who:

• encourages family members to retain control of their own lives;
• helps them to create choices for themselves and other family members;
• helps them to create an agreement which fits their own particular circumstances;
• informs them of the Massachusetts General Laws which apply to divorce; and
• helps them reach fair and reasonable divisions of their responsibilities and of their assets.

People who enter family mediation:

• choose the issues they will negotiate;
• generate creative options for living arrangements, financial support and division of their mutual property;
• hear each other’s important interests; and
• reach solutions which are mutually acceptable.



MEDIATION is NOT legal representation. Mediators with backgrounds in law may not represent or counsel mediation clients during the mediation process. People who enter mediation should seek advice and counsel from attorneys, financial advisors, business professionals and/or counselors where applicable, prior to, throughout, and after the mediation process.