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Mediation

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…

What is the Difference Between Divorce Mediation and Collaborative Divorce?

MEDIATION is an independent, voluntary, confidential process conducted by a mediator, who is neutral. Attorneys are not required. The mediator will: Assist you and your spouse in identifying those issues preventing settlement. Explore various avenues to resolution. Develop a settlement resolution acceptable to you and your spouse. Will prepare a Separation Agreement for presentation to…

Stuck in Divorce Court? Here is Your Last Chance to Cut Costs and Aggravation

By Anthony C. Adamopoulos Are you in divorce litigation? Are you having second thoughts – time standards, discovery cost, no trial in sight? Enough! You have complained to your attorney and your attorney reports that your spouse’s attorney has heard the same complaints from your spouse. Your attorney suggests mediation or conciliation. What is the…

MBA’s Conflict Resolution Week

By  Michael A. Zeytoonian, Member of the MDRS Panel of Neutrals/Guest Blogger An annual national tradition in the legal community is the celebration of “Conflict Resolution Week” (CRW) and “Conflict Resolution Day” (CRD) on the third week and the third Thursday of October respectively. This tradition reportedly started here in New England by the New…

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…

MDRS Settlement Days

What’s better than settling a claim? Settling 4-8 of them – all in a SINGLE DAY. MDRS is a leading provider of Settlement Days: mediation-focused marathons conducted at the insurer’s office where 4-8 cases are lined up for time-concentrated sessions with settlement as the primary goal. Secondary in nature, but perhaps equally as critical, are…

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.…

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,…

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…

Don’t Fear the Unknown

By Joseph S. Berman, Esq. When lawyers agree to mediate a case, one of the first issues they face is choosing a mediator.   They exchange names of potential neutrals, looking to secure an “advantage” in the right person.  One criteria is often whether a mediator is supposedly a “defense” or “plaintiff” attorney.  I believe that…

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…

Mediation Settlement Day

Mediation Settlement Day was held in New York State on Thursday, October 18, 2012. Mediation Settlement Day is an annual event organized by a coalition of over 100 organizations with the purpose of creating awareness about the benefits of mediation as well as the resources available to those who need it. On Mediation Settlement Day,…

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…

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…

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…

MBA CLE Mediation Program

The Massachusetts Bar Association CLE Program, Shuttle Diplomacy: Winning Your Mediation During the Private Sessions, is “designed for both plaintiff and defense lawyers who regularly mediate or for those just getting into the game.” I am pleased to be a part of an experienced faculty team whose goal it is to help the continuing of…

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…

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…