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Alternative Dispute Resolution

The Elements of Disputes

by Timothy J. LangellaMDRS Neutral and Guest Blogger Business disputes come in all shapes and sizes, and often have both monetary and emotional elements.  Take this case, for example: Two brothers-in-law go into business together and form a partnership or closely held corporation, after marrying their respective wives (who are sisters).  After a rocky start, the…

A Giant Leap Forward: Dispute Resolution Drops the ‘A’ and Launches MBA Section

“Over the past decades, no area of practice has grown to have a wider impact on legal operations than dispute resolution.” -Brian Jerome The numbers don’t lie: 95% of pending personal injury lawsuits end in a pretrial settlement (according to Law Dictionary’s website), while legal news site Above the Law reports that only 1.5% of…

Mediation: Achieving Success

How can participants maximize their chances for a successful outcome in mediation? While there are many worthwhile opinions and no shortage of advice, the simple virtue of civility can advance your negotiations in a powerful way. Overlooked in so many cases is the personal factor. There are reports, claims, medical bills, evidence to be collected.…

Alternatives to Foreclosure

If you are behind in payments on your mortgage, you may be concerned about the very real possibility of foreclosure. If you are in default on your loan and are considering options that you can take to avoid foreclosure, here are some alternatives to consider. Reinstating Your Mortgage You can reinstate your mortgage by making…

Foreclosure Mediation in Massachusetts

Although Foreclosure Mediation programs are not statewide in Massachusetts, three major cities have instituted mandatory programs through city ordinances as a means to help negotiate alternatives to foreclosures.  Through foreclosure mediation, homeowners and lenders engage in guided negotiation with a skilled mediator who is also a foreclosure expert.  Together they work to define new agreements…

NFL Concussion Case Heads to Mediation

In April 2013, a hearing was held in Philadelphia over litigation filed against the National Football League by more than 4,000 players who allege that concussions suffered during their careers have adversely impacted their health. Plaintiffs include players who want their future health closely monitored, those already suffering from dementia, depression, and/or neurological disorders, and…

ADR and Automobile Claims

Founded in 1991, MDRS has perhaps mediated and arbitrated more automobile claims of all types than any other ADR provider in Massachusetts.  Automobile related claims are particularly suited to the processes of alternative dispute resolution, which are designed to meet the parties’ interests in resolving these cases equitably, economically and skillfully, and avoiding the time,…

Recent Cases in ADR – April 2013

Keep updated on the most recent cases and latest developments in Alternative Dispute Resolution.  What’s new this April?  Find out here. Arbitration – Arbitration Clause in Employee Handbook Not Enforceable.  The plaintiff brought suit alleging that her employer, its owner and her former supervisor interfered with her request for maternity leave under the Family and…

ADR for Auto Accidents

  Proving fault in an automobile accident with another vehicle is often difficult. The circumstances surrounding car accidents vary greatly and each involves unique elements that should be examined. If you are involved in an automobile accident, you may be in shock and unable to fully process what is going on around you.  It is…

ADR for Prescription Drug Errors

  According to the Institute of Medicine, medication errors affect more than 1.5 million Americans each year in hospitals alone. Similarly, in a study published by the Journal of American Pharmacists Association in 2003, it was found that American pharmacies make over 30 million drug administration errors a year. Errors can occur for a multitude…

Tips for Selecting a Neutral

Mediators and Arbitrators are neutral facilitators in disputes between parties. Alternative Dispute Resolution (ADR) like mediation and arbitration requires a neutral person, often called simply a Neutral, who adheres to the strict requirements of the mediation and arbitration processes. ADR, we’ve mentioned, is the best choice for most cases, in practically every industry and family…

Allocating Damages After Curry

As you may know, Curry v. The American Insurance Company, 80 Mass. App. 592 (2011) is a decision that has altered and helped facilitate settlements of third-party claims by workers injured in the course of their employment.  In Curry, the Appeals Court ruled that though workers’ compensation insurers’ rights to reimbursement extend to medical expenses…

ADR Pioneer Roger Fisher Dies

Roger Fisher, a pioneer in the field of international law and negotiation and the co-founder of the Harvard Negotiation Project, died on August 25, 2012. He was 90 years old. A professor at Harvard Law School for more than four decades, Fisher established negotiation and conflict resolution as a field deserving academic study and devoted…

NADN Membership for Brian Jerome

The National Academy of Distinguished Neutrals (NADN), an invitation-only association of exceptional Alternative Dispute Resolution professionals, has announced the induction of Brian R. Jerome, Esq. to its esteemed group. The NADN recognizes mediators and arbitrators who have met stringent practice criteria, and whom stand out among firm- and peer-reviews. The Academy has made its directory of…

Nursing Home Arbitration Agreements

A mandatory arbitration agreement that a man signed on his mother’s behalf when she was admitted to a nursing home did not bar his wrongful death suit against the facility, a Superior Court judge has ruled. The nursing home argued the plaintiff signed a mandatory arbitration agreement under a health care proxy executed by his…

Portland Public Schools Arbitration

Portland Public Schools were ordered to pay high school teachers a week’s extra pay by arbitrator William Reeves. The decision was made after teachers in the school district were forced to take on additional classes and students, effectively working a combined $750, 000 for nothing. According to Reeves, the increase in students teachers gain must directly…

Key Differences in Compromising and Collaborating

Compromising and collaborating can have similar outcomes when applied to the mediation process, each helps disputing parties meet their individual goals. But while the ideas are similar, they’re not interchangeable. One key difference is this: when parties compromise, they have only some of their individual goals and needs met; but when parties collaborate, each party’s expectations…

“Baseball” Arbitration in Boston

On the morning before a scheduled record breaking salary arbitration hearing last week, designated hitter, David Ortiz, 36, and the Boston Red Sox agreed to a one-year contract worth $14,575,000. The deal was midway between the $16.5 million he asked for last month and the $12.65 million submitted by the Red Sox, which matched his 2011…

It’s an Arbitration for Ortiz

According to a recent Boston Herald article, David Ortiz has agreed to an arbitration hearing, unlike many of his teammates, as a means to resolve the dispute between his requested annual salary ($16.5 million) and the $12.5 million counter-offer by the Red Sox. Both parties will have an opportunity to present evidence in support of…

New Year’s (Dispute) Resolution

Not everyone likes to make resolutions for the new year. It can even be a matter of contention in some households: why should I bother; how can a symbolic date generate legitimate self-improvement? But while gym membership renewals and swearing off holiday cakes are commonly regarded as the right start to the new year, could…

Occupy Mediation

The Occupy Wall Street movement that has been spreading across the country has been a hub for civil protest and ideas, as well as alternative dispute resolution services. Occupy Boston in particular was built on a sound foundation of peaceful protest and mediation. Protesters have been involved in ADR cases with the City, the Boston…

A Season for Resolution

The holidays are a time to celebrate with family and friends, to express gratitude for your good fortune and to reflect on improvements you want to make. Ideally, these are things we do on a regular basis; sometimes, however, “life gets in the way.” It’s easy to get caught up in the rigors of daily…

Transparency in Mediation

An important factor in alternative dispute resolution is the manner in which each party handles the exchange of relevant information. The litigation process is known for concealing relevant information from opposing parties; however, new legal transparencies and software make it difficult to “hide” information. Mediation is a very straight-forward and transparent process at its core,…

The Plain Language Movement in ADR

A discussion about  legal “jargon” is often met with a quote by Jane M. Siegel, a professor at Thomas M. Cooley Law School: “there is no freedom or justice when the language of law and government is incomprehensible to a country’s citizens.”  Similar opinions have spurred the plain language movement in the law profession, and the need…

Mediation Tips and Strategies!

Dear Friends and Colleagues, Below is a link to an article highlighting mediation tips and strategies offered by MDRS, one of the original mediation and alternative dispute resolution firms in Massachusetts. We have over 20 years of experience and are pleased to share a few important things we’ve learned with you. Click here for PDF. Let…

The Neutral Neutral

One of the first questions that clients ask when they’re considering alternative dispute resolution services like mediation and arbitration, is how a panel member or mediator can remain neutral. Each party thinks it’s correct; therefore, each party believes the neutral should “side” with it. During the dispute, however, parties usually realize the panel member’s neutrality…

ADR: Resolved to Strike a Balance

A common issue comes up regarding alternative dispute resolution agreements is that they either go too far or that they don’t go far enough.  Sometimes we hear that dispute resolution agreements are weighted to advance the drafting party, or that the resolution process doesn’t take full advantage of the opportunity to mediate and arbitrate fairly.…

Bankruptcy Disputes and ADR

Today’s economy is challenging, and as a result Alternative Dispute Resolution has been incorporated into bankruptcy and foreclosure law.   Because bankruptcy lawyers are often working under strict deadlines, ADR can be an good alternative to litigation. The Alternative Dispute Resolution Act of 1998 now “requires each federal district court, authorized by local rule, to…

ADR: Business Disputes Benefit from Mediation and Arbitration

ADR is often utilized in business disputes because it offers more than a cold-hard decision. Alternative Dispute Resolution services shine in the business industry because, more often than not, the underlying cause of a dispute is rooted in economic issues, not necessarily legal issues. ADR has been integrated into business disputes in various forms, including…