Worcester State's Attorney

What is Mediation?

Mediation is a process in which a trained neutral person, a "mediator", helps people in a dispute to communicate with one another, to understand each other, and if possible, to reach agreements that satisfy everyone's needs. It is an alternative to having a case heard at trial by a judge who makes a decision about who wins and who loses.

Mediation can help you to reach agreements, build relationships, and find solutions that work.

Mediators create a safe space so you can discuss your needs and listen to the needs of the other party.

In mediation you speak for yourself and make your own decisions.

Mediators will not provide any legal advice, or recommend the terms of an agreement.

Try mediation if you value your privacy or if you want to take an active role in resolving a dispute.

Mediation can help protect your privacy. Unlike courtroom proceedings, which are open to the public, mediation is conducted behind closed doors, and only the signed agreement becomes a public document.

What Happens in a Mediation Session?

At a reserved time, the mediator listens to all the parties tell their side of what happened, in an effort to understand how the dispute came about and to learn how each party would like to see the problem resolved. The process encourages communication between the parties within boundaries faciliated by the mediator.

Referrals may be made to agencies in the county to assist the parties in building skills that may be lacking (budgeting, parenting, etc.,) or to experts in the field of individual or family counseling.

Then What?

When the parties reach an agreement, it is put into a brief written form by the mediator. The parties sign the agreement and receive a copy. In those matters involving a criminal charge, the mediator makes a recommendation about its disposition to the prosecutor assigned to handle the case. Recommendations are subject to review by the State's Attorney's Office which retains final discretion.

Why Should I Mediate?

If your case is referred to mediation, or if someone suggests that you try mediation instead of going to court, it may be because:

Mediation may save you time and money

Mediation is less formal and a less stressful way to reach a solution

Mediation provides an opportunity for you to say what's important to you and hear the other person's perspectives.

Mediation may help you to figure out how to get your needs and the other person's needs met.

You are in control and you know what your needs are better than any judge or jury.

Many business disputes, family conflicts, neighborhood disputes, and one-on-one issues are most effectively resolved in mediation.

Mediation can result in creative alternatives and compromises that are satisfactory to both sides.