What is the role of a mediator in civil law?
A mediator plays a vital role in civil law in Massachusetts. A mediator works to facilitate resolution between parties in a civil dispute. This means the mediator is a neutral third party who is not a decision maker, but a facilitator of agreements or solutions. The mediator’s role is to promote dialogue between the parties, assess the strengths and weaknesses of each party’s position, share information to help understanding, and suggest possible ways of resolving the dispute. The mediator encourages and facilitates the discussions and helps the parties find a solution that is acceptable to all. The mediator may play a variety of roles, depending upon the circumstances of the dispute. They serve as a sounding board to help the parties articulate their positions and needs, evaluate the facts of the case, and offer a perspective that may be different from either party’s. They have the skills to assist the parties in defining options and solutions and develop strategies for constructing a settlement agreement. The mediator helps the parties to focus on understanding the needs of each side, while keeping emotions and personal attacks out of the process. Ultimately, the mediator seeks to help the disputing parties reach an agreement that they find acceptable and that is legally sound. Mediators can be helpful in resolving civil law disputes in Massachusetts, by helping the parties come to an amicable resolution and/or manage their disagreement more effectively.
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