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MEDIATION is a method of
assisting disputing parties to jointly solve their conflict,
in a way that is satisfactory and fair to all parties.
Mediation is non-adversarial, non-confrontational,
confidential, voluntary, and private.
FCMS MEDIATORS
are trained in compliance with MGL CH 233 Section 23c, which
protects the confidentiality and legal rights of the
disputants. The mediators remain neutral throughout the
process and will not impose a decision on the parties.
Generally, mediators work in teams of two (the co-mediation
model).
THE PROCESS BEGINS
when all parties to the conflict sign an
agreement to mediate. An appointment is scheduled for all
parties to begin work with the mediators as soon as
possible. The mediation meeting takes place at our offices.
DURING THE MEDIATION,
the mediators will ask questions in order
to gain a clear understanding of the dispute. Each person
has the opportunity to tell his/her side of the story and is
encouraged to talk about their differences, their
viewpoints, and their ideas for resolving the conflict.
Together the mediators and the disputants work towards
finding an agreement that meets the needs of both parties.
In the end, however, it is up to the parties in dispute to
decide on the solution which will work best to settle their
conflict. Witnesses and other evidence are permitted if all
parties find that necessary.
THE AGREEMENT
will be reviewed by the mediators and the
parties before being written up as a formal document. Each
party receives a copy of the written agreement. If parties
are unable to reach agreement, they may pursue other
alternatives (e.g., court) as though mediation never
occurred.
IT IS IMPORTANT
to keep in mind that parties choose
mediation because they are willing to work toward
settlement.
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Family And Youth Mediation
You may want to try mediation if you and a family member
are experiencing situations or conflicts about:
Schools
Friends
Discipline
Truancy
Family disputes
Mediation is a way for parents and youths to settle serious
conflicts among themselves in a safe, private, and
confidential atmosphere with the assistance of trained,
neutral mediators.
Mediation is a voluntary process and may be utilized as an
alternative method of settling disputes.
Mediation is scheduled at a time and place convenient to
family members.
The mediator is a person who:
Remains neutral throughout the mediation process
Encourages each person to talk about differences,
viewpoints, and possible solutions to end the conflict
Prompts each person to think about the solutions to their
own situations
Mediators do not impose settlements, but they work with
families toward the settlement of their own choosing.
- Divorce Mediation
In
mediation, both parties work together with the help of a
mediator or co-mediators to reach an agreement that will be
comfortable and fair for each of you. Through mediation, we
will assist you to identify and explore each partys needs,
concerns and options. General areas of discussion and
resolution may include property division, child custody and
parenting, child support, alimony or maintenance, insurance
and taxes.
All
aspects of the mediation process are confidential, except in
situations where there is information that someone is a
danger to themselves or others or there is information about
the planned commission of a crime. The mediator(s) may
neither testify for or against either party in any court
hearing nor may their notes or any other information
disclosed by the parties during the mediation be entered by
the mediators as evidence.
Initially, we will set up a free intake meeting with
both parties to discuss the mediation process and to design
an agenda that will meet your specific needs. At the end of
the intake meeting, you can decide whether or not you wish
to pursue divorce mediation.
To
divorce in Massachusetts, couples with children under the
age of 18 years old must participate in a parenting class,
which is held at many locations throughout the
Commonwealth. For a schedule of classes and locations, go
to
www.mass.gov,
click on Judiciary, then Probate and Family Department, Self
Help Centers, and Approved Parent Education Providers.
Couples wishing to mediate their divorce at Framingham
Mediation Services must complete this class before they
commence mediation.
The
average divorce mediation takes five to seven meetings of
about 2 hours per meeting, based on your needs. Fewer
meetings are possible depending on the issues to be
resolved. At any time during the mediation process, you and
your spouse may consult attorneys, financial advisors,
counselors or other professionals, and you are encouraged to
do so.
The fee
for services is $150 per hour, usually shared between the
parties. The fee is negotiable only if individuals are
experiencing extreme, long-term financial difficulties.
Payment is expected following each meeting. At the end of
the mediation, a Memorandum of Understanding (MOU)
will be prepared for your approval. The MOU is not
enforceable as an agreement, but provides the basis for your
attorneys to draft, and the judge to approve, the final,
legally enforceable agreement.
-
Elder Care Mediation
Services
Elder care mediation services is designed to assist
families facing tough decisions about care giving, living
arrangements, driving and other independent activities,
financial and estate planning, and medical treatment.
Generally, family members can work through their concerns
together and come to reasonable solutions. Sometimes,
however, families may need help to address these issues to
agree on the right course of action.
Mediation provides seniors and their families with an
opportunity to discuss difficult issues and to make
decisions together in a safe, confidential and supportive
environment. Mediation is convenient and can take place at
home, in our offices or elsewhere. It is affordable and
effective.
Our mediators are neutral third parties who are trained
to help families by facilitating discussions and
brainstorming options to assist in reaching a mutually
acceptable solution for everyone. Families who mediate their
concerns can regain, maintain, build or improve
relationships.
Seniors and their families needing additional services
are encouraged to contact the following Metro West agencies:
To get help and information for seniors in the metro west
Boston area, you can contact
BayPath Senior Services at (508) 872-1866, and Natick
Council On Aging, (508) 872-1866.
For legal referrals and information on elder law and
rights, contact
South Middlesex Legal Services at (508) 620-1830 or
(800) 696-1501, or the
Massachusetts Bar Association.
Community Mediation
Framingham Mediation Services has thirty years of experience
mediating neighbor and community disputes and facilitating
large public policy discussions. Our mediators, who serve
as neutrals, help the parties clarify their concerns and
resolve disagreements. To discuss an issue confidentially to
determine whether mediation may be helpful for you, contact
us at 508-872-9495 or email us a
info@framinghammediation.org.
Court Mediation
Framingham Mediation Services provides mediation for
disputants in court cases involving small claims,
landlord/tenant, juvenile and probate, and minor criminal
matters at 7 courthouses in Middlesex County; in Concord,
Framingham, Marlborough and Natick, and at Middlesex County
Probate Court and Middlesex County Juvenile Court. Mediation
offers parties the option to discuss their case with the
help of a neutral third party (the mediator), for the
purpose of finding areas of mutual agreement.
Once
the parties agree on the terms of settlement, an agreement
is written which each party endorses in writing, and which
is then reviewed by the Magistrate and enforced by the
court. Nearly 80% of the people who opt for mediation at
court resolve their disputes satisfactorily. Cases that do
not reach agreement are heard by the judge on the same day.
If you
have a small claim or landlord/tenant case pending in a
local court, contact us at 508-872-9495 or email
info@framinghammediation.org, or ask for the mediator in
court. Mediation provided at the courthouse is free of
charge.
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