By Guest Blogger Tim Langella Business disputes come in all shapes and sizes, and often have both monetary and non-monetary elements. Here’s an interesting mediation case study: A successful, public company is looking for a consultant to assist with a 5 year project that will be undertaken through several, ongoing work orders. The founder of…
Business Dispute
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…
The Attorney, the Client, and the Mediator
by Brian R. Jerome, Esq. What makes mediation successful? To answer this, it is important to consider the roles and relationships between a lawyer, their client, and the mediator throughout the mediation process. Many of us who are attorneys can recall our law school years being focused primarily on developing strong advocacy and trial…
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.…
What Happens in the (Mediation) Room Stays…
MDRS’ Brian Jerome was recently quoted in the Boston Herald in regards to the now-resolved Market Basket situation. During a phone interview with the Herald, Brian expressed the importance of confidentiality while in the mediation room. While his quote was referenced out of context in the published article, the interview brought up an important component…
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…