May parties involved in the mediation process in Massachusetts be required to sign a confidentiality pledge or agreement prior to the commencement of the process?
Often a Mediation and Fee agreement is signed by both spouses and the mediator at the outset of the mediation process. The agreement outlines the role of the mediator as a neutral but more importantly, protects the confidentiality of the mediation process. By having a written agreement, neither party may subpoena the other to testify in a related divorce hearing. This allows the husband and wife to communicate without the fear that their conversations and negotiations may be used against them in the future.