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Civil litigation

mediation

Mediation is a process in which the parties to a dispute (and their attorneys) meet with a neutral, third-party mediator who works with the parties to resolve their differences and settle the dispute (often a lawsuit). In many civil lawsuits the court will order the parties to engage in mediation.

The parties are not required to settle or resolve their differences at mediation, and if they are unable to do so, the case will proceed to trial, with the judge or jury ultimately resolving the matters in dispute. Settlement talks or discussions at mediation are generally not admissible in evidence at trial.

In Massachusetts, mediation is a widely recognized alternative dispute resolution process where a neutral third-party mediator assists the parties in a dispute to reach a voluntary settlement. The courts in Massachusetts may order parties to participate in mediation, especially in civil lawsuits, as a means to encourage settlement before proceeding to trial. While the mediation process is designed to help parties find common ground, it is important to note that parties are not obligated to reach a settlement during mediation. If an agreement cannot be reached, the case will continue to trial where a judge or jury will make a final decision on the matter. Importantly, under Massachusetts law, communications during mediation are generally confidential and are not admissible as evidence in court, which encourages open and honest dialogue during the mediation process.

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Civil litigation

mediation

As a LegalFix Member You Will Be an Important Client of Local Law Firms

Articles

Massachusetts State Code

Articles

Civil litigation

mediation

Massachusetts State Code