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Approved Programs for Mediation
(As of July, 2007)
Mediation is one method available to you for solving the disputes you bring
to the Probate and Family Court. Mediation is a voluntary process. The court
can require that you attend a "screening" or orientation to mediation so that you
can learn more about the process, but no one can force you to mediate, and no
one can force you to reach an agreement. Many people who try mediation find
that it helps them resolve their dispute. Most people find that agreements they
make themselves are more satisfying than decisions imposed on them by a
judge.
The mediator is a neutral person who helps you clarify the issues you have
to solve, talk about them in an orderly way, and explore your options to see if you
can reach an agreement. Some mediators are attorneys and some are not. But
when an attorney is acting as a mediator, he or she does not represent either
party. Mediators can give you a great deal of information, but it is not appropriate
for a mediator to give you legal advice.
Detailed rules govern mediation in the court. Under the rules, certain
programs have been approved to provide mediation. The court may refer you to a
particular program, but you may select any program on the list or any other
mediation provider of your choice. In order to be approved to provide mediation
services to the Court, the programs and their mediators must meet many
requirements, including:
- They must respect your right to decide whether to make an agreement
or not;
- They must allow you to decide if you want your attorney or other
advisor present in the mediation session;
- They must have a fee schedule that provides for reduced fees for low
income participants;
- They must follow ethical standards such as keeping your mediation
confidential being impartial, helping you understand the mediation
process, and helping you get sufficient information to make fair
agreements.
CLICK HERE for a list of the approved programs for the Hampshire Probate and Family Court
with brief descriptions of each.
or
CLICK HERE TO DOWNLOAD in .pdf. If you do not have
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