Legal Question in Mediation in Massachusetts

Who is allowed to be present during a Mediation?

In a Life Estate case involving a 72 year old woman (and the man [deceased] she lived with) his surviving two daughters have agreed to trying to settle the case through Mediation. Is there any law that states that the two daughters have the right to request the woman's daughter not be present during the Mediation? In other words doesn't this woman have the right to have her own daughter present at the Mediation for support and most importantly to protect her health as she suffers from panic attacks and severe high blood pressure.


Asked on 5/26/05, 7:02 am

1 Answer from Attorneys

Re: Who is allowed to be present during a Mediation?

Mediations are generally more informal than a court proceeding their goal is to come to a resolution. The Mediator states the rules as to who can and who cannot "sit-in" on joint sessions. Even if you are not allowed to sit in and hear the discussions, you are entitled to be available to your mother for consultation.

If either side is represented by an attorney there is no doubt they will attend and as such your mother should have an attorney in that case.

If no attorneys are present, there is still no reason other than the other party's objection for you not being able to attend.

If you have additional questions, please feel free to contact me.

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Answered on 5/26/05, 9:14 am


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