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Massachusetts Arbitration / Mediation Law Questions & Answers
2 Answers | Asked in Workers' Compensation and Arbitration / Mediation Law for Massachusetts on
Q: In my worker's compensation claim, the employer's side hasn't shown to mediation for the 3rd time. What happens now?

I made the error of writing mediation instead of Conciliation and also it was the insurer's representative not showing. Thank you for your quick response Laura Kiley, I appreciate it

Laura Kiley
Laura Kiley answered on Feb 9, 2021

Are you sure it was the Employer who hasn't shown, or was it the insurer's representative? Was it for a mediation or a conciliation? Mediations are voluntary when it comes to workers compensation so there isn't anything that would require them to attend a mediation. If it was the... Read more »

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1 Answer | Asked in Arbitration / Mediation Law and Divorce for Massachusetts on
Q: Can I get half of paid vacation/sick days saved up during our 33 year marrage, Post divorce?

Divorced 2 years ago in Massachusetts through a mediator, split everyting 50/50. He's was a State worker who just retired early, and I found out he is getting 6 months of paid vacation/sick days. What are the odds of me getting half of that if I file for myself at the courthouse with no... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Feb 24, 2020

You actually need counsel to review the Separation Agreement's terms. Usually property division in divorce is a complete resolution . There could be setting aside for fraud if you had no reason to be aware of this financial asset, but this is complicated and time is sensitive.

1 Answer | Asked in Arbitration / Mediation Law for Massachusetts on
Q: Can I legally perform mediation for divorce from my husband if both of us agree on the terms?

Terms defined would be finances and visitation of my two teenage sons. Could you also suggest any reading resources?

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 24, 2019

Mediation involves a 3rd party neutral professional. It seems you're considering a marital settlement agreement via negotiations with the dad. Child custody orders, including child support, should be issued by a Court to be legally valid. See:... Read more »

1 Answer | Asked in Arbitration / Mediation Law, Divorce and Civil Rights for Massachusetts on
Q: I’m getting a divorce. Is my partner responsible for half of my students loans I just acquired 3 months ago?

I just finished my associates degree and I would like to know if my partner should pay for half of my loans.

Lillian J. LaRosa
Lillian J. LaRosa answered on Jan 24, 2018

The factors on property division are also applicable to debt division. Without knowing the circumstances and the duration of the marriage it is not possible to respond other than that if divorce was already contemplated when the educational program was commenced, that it may be unrealistic to... Read more »

2 Answers | Asked in Arbitration / Mediation Law, Child Custody and Divorce for Massachusetts on
Q: Wife and I divorced years ago. My son is 19. Can I get sole custody? Ex seems to be having a breakdown.

Want to bar ex wife from contacting son. Her 3rd marriage seems to be falling apart. We think she is having a nervous breakdown.

She calls son 15 times a day asking for him to "come home." Is very mean and says horrible things to him. He has been staying with me for about a month.... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Nov 7, 2017

If your son is not disabled then there would not be a custody situation involved as he is over the age of majority.

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1 Answer | Asked in Arbitration / Mediation Law and Divorce for Massachusetts on
Q: Can I present information to a judge now that was not presented correctly during my divorce?

I had hired a lawyer who gave my case to an intern or brand new attorney who was not familiar with how to present a case of domestic abuse including rape, physical, emotional and verbal abuse due to alcoholism. These trusts were not presented to the judge or to the lawyer of the spouse and if done... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on May 15, 2017

It depends on the current status of your case. You may need to hire a new lawyer asap.


More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an...
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1 Answer | Asked in Arbitration / Mediation Law for Massachusetts on
Q: Defendent fails to appear at arbitration, does the plaintiff win?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Dec 1, 2016

It depends on what you mean by "win" and on the terms of the arbitration order/ procedures, if any. For example, there may be an opportunity for a new arbitration hearing, or the arbitrator may make a decision based on the filings and your statements at any arbitration hearing. This is... Read more »

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