How often is it an employer is concerned about whether a FMLA leave request is warranted and does not receive adequate "medical facts" to evaluate the request. A bit of good news comes from this opinion of the 9th Circuit. The employee submitted a Form WH-380 certification, but it lacked the underlying facts for the diagnosed serious health condition. The court held an employees refusal to provide additional information rendered the certification deficient, and upheld her "removal from employment."

In Massachusetts, there is no certification for Mediators. However, there are requirements if you want your Mediation to be kept confidential. Massachusetts General Laws Chapter 233 Section 23C requires three elements for a Mediation to be confidential and privileged from discovery in a court proceeding.

First, you must enter into a written agreement with the Mediator. Second, the Mediator must have completed at least thirty (30) hours of training in mediation. Finally, the mediator must have at least four years of experience or be a member of a dispute resolution organization that has been in existence for at least three years, such as the Massachusetts Council on Family Mediation, Inc.

Attorney Justin Kelsey meets these standards and if you sign a written agreement to hire Attorney Kelsey as your mediator then all communications and work product of your mediation will be confidential pursuant to MGL ch. 233 §27C.