by Anthony C. Adamopoulos A decision of our Appeals Court, Gravlin v. Gravlin, is helpful for those facing divorce. For collaborative divorce attorneys and divorce mediators, the decision confirms that arbitration is the viable alternative to court litigation for resolving a single issue or even taking the place of a full court trial. In Gravlin,…
Arbitration
Child Support Guidelines Changes & Parenting Time
By Anthony C. Adamopoulos, Member of the MDRS Panel of Neutrals/Guest Blogger The current “old” Child Support Guidelines provided a separate child support calculation where, for example, the father shared “financial responsibility and parenting time” of greater than one-third but less than fifty percent of the time. This usually meant that if, for example, 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…
Mediate Disputes Between Owners and Trustees
By Jeanne Kempthorne Life in a condominium can be challenging when neighbors do not see eye to eye—and they very often don’t. And when owners and trustees can’t resolve their disagreements, the condominium community suffers. An efficient and effective means of managing disputes is key to avoiding the “condo hell” that causes owners to sue…
Use an Honorable Engagement Provision
Use an Honorable Engagement provision to make the “steep uphill climb” toward arbitral vacatur improbable. By Anthony C. Adamopoulos, Esq. ©2015 In May, the First Circuit of the United States Court of Appeals issued a decision of interest to arbitration practioners. Of exceptional interest is the court’s recognition that when arbitration agreements contain an Honorable…
In Support of … Arbitration
By Brian R. Jerome, Esq. and Jeffrey S. Stern, Esq. A recent three-part series in the New York Times, (Arbitration Everywhere, Stacking the Deck of Justice October 31, 2015), which spotlighted certain abuses and injustices in particular types of arbitration, has gained wide attention in the ADR community, the broader legal community and with the…
Avoiding Mediation Hazards, and getting to YES!
The expectations of the parties and their counsel or insurer coming into a mediation session play an important role in how successful the mediation process will be. Some cases come to mediation on the eve of or even after a trial, while others arrive before suit is filed or perhaps even before the parties have…
Avoiding Pitfalls During Mediation Settlement
It’s 6 PM after a long mediation and all the participants are cranky and tired…but an agreement on a monetary amount has been reached! The moment the parties heard “yes”, they began packing up their files, but the mediator insists that they stay long enough for him or her to prepare a mediation settlement agreement.…
MDRS Welcomes David A. Mills to the Neutral Panel
It is our great pleasure to announce the appointment of Judge David A. Mills to the MDRS Panel of Neutrals. Judge Mills’ remarkable background includes his service at the Massachusetts Appeals Court from 2001 to 2012. He has since then provided case evaluations in appellate matters, trial litigation matters, Single Justice practice, and pre-trial consultatons…
MDRS Welcomes Ralph Cecere to the Neutral Panel
We are so pleased to welcome Attorney Ralph N. Cecere to the MDRS Panel of Neutrals. Attorney Cecere is a seasoned practitioner with over 24 years of experience in the trial court and administrative agencies. He has handled over 200 cases taken to trial in the Superior and District Courts. During his years as a…
The Attorney, The Client, and The Mediator
By Brian Jerome, Esq. Many attorneys recall law school being focused primarily on developing strong advocacy and trial expertise, with less emphasis placed on developing negotiation skills. Litigators rightly pride themselves on strong defensive skills; it is this ability and willingness of an attorney to effectively try their case that creates the opportunity to reach…
Join us at the BBA Brown Bag Seminar on ADR
We invite you to join us on Wednesday, November 14, 2013 for a Boston Bar Association-sponsored seminar on ADR in Premises Liability Cases. You may know that MDRS has handled into the thousands of these types of cases. During this lunch-hour seminar at the BBA [16 Beacon Street, Boston], you will learn about what makes premises liability cases well-suited…
Using ADR to Resolve Slip and Fall Accidents
Premise liability occurs when injury is suffered on property belonging to another person or business. Whether it is the conditions of the land, or activities performed, issues often arise in determining fault. When personal injury occurs it is often the first response to assign causality for the accident, but it can be difficult to prove…
Deaths from Workplace Injuries Honored in Boston
This past April, the Massachusetts State House honored those who died from workplace injuries in 2012. Nearly 100 advocates came together on April 26 in honor of Workers Memorial Day to pay their respects to 32 people who recently lost their lives to workplace injuries. The numbers have fortunately been on the decline, down from 58 deaths in 2011.…
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,…
MED-ARB: Sculpting the ADR Process To The Case
Both mediation and arbitration are now familiar and popular ADR processes used to resolve an ever broadening array of disputes. Over the past years, these two processes have literally transformed the legal landscape such that parties and their counsel are viewing ADR as a more appropriate manner of resolving disputes than is offered by Courts.…
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 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…
Looking for Signs of Nursing Home Abuse
Taking care of aging parents is a difficult job. Turning to adult day care and nursing homes for assistance are sometimes unavoidable arrangements. This decision is often times inescapable – whether it is because of hectic work schedules, caring for young children, or medical handicaps that make home care impossible. At MDRS, we understand…
Focus on Elderly and Nursing Home Abuse Cases
One of the most common types of cases or disputes that we help to resolve are cases involving elderly nursing home abuse or neglect. One of the challenges involved in these cases is that often times if there is an abuse or mistreatment, the injured parties often suffer from a loss of trust. It is…
MDRS Welcomes New Neutral, James Purcell
Jim has a long involvement with ADR both as a practicing attorney and as the CEO of Blue Cross & Blue Shield of RI. As a trial lawyer, Jim represented clients in mediations and arbitrations. He was a charter member of the ADR Panel of the US District Court for the District of RI…
Working with today’s students, tomorrow’s lawyers
Remembering law school can invoke memories across the spectrum, from being overwhelmed to learning about all the things that first excited us about the law. Attorney Brian Jerome regularly invites local law students to observe real-life mediations and arbitrations. Today’s students are very well prepared by their professors, ask all the right questions, and are…
Resolving Nursing Home Liability Cases with ADR
The number of Americans age 65 and older is expected to double in the next thirty years. With advances in medicine and an increased life expectancy rate, that estimate may be low. Some forty-five percent of the U.S. population now sixty-five or older will reside in nursing homes before they die. Of the baby boom…
MDRS Appointed ADR Provider to the Superior Court
We are pleased to announce that MDRS has been approved to serve both the Superior Court and the Land Court of the Commonwealth of Massachusetts as a court-connected provider to their Alternative Dispute Resolution programs. It is an honor to have been chosen for these three-year terms, and we are looking forward to assisting the…
2012 International Arbitration Survey
The 2012 International Arbitration Survey: Current and Preferred Practices in the Arbitral Process is an empirical study regarding the field of international arbitration. The survey is the fourth in a series of surveys conducted by the School of International Arbitration at Queen Mary, University of London (QMUL). The survey focuses on the views of in-house…
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…
Happy Holidays from MDRS
Baseball Arbitration Isn’t Just for Baseball
By Jeffrey S Stern In 1966, Marvin Miller, a labor economist with various unions, became the executive director of the Major League Baseball Players Association, serving in the position until 1982. No less an authority than Red Barber has said that Miller, along with Babe Ruth and Jackie Robinson, are among the “two or three…
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…
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…
Consumer Arbitration
Found in the fine print of many cellphone, computer, car, and job contracts are terms and conditions including the waiver of a right to file a lawsuit in place of arbitration. Most of the time this provision is never invoked but a growing number of job seekers and consumers are realizing that if something does…
“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…
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…
Alternative Dispute Resolution Can Help You Move Forward
Within the ADR field, especially in the areas of divorce and family law, there may come a time when parties begin fighting with each other–one party yells, the other yells back: “stop living in the past!” This accusation is a sign that the party is “acting out” of his or her emotions. A mediator or…
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…
