As published in Massachusetts Lawyers Weekly The COVID-19 virus is affecting us all both personally and professionally. As of this writing, courts and many borders are closed, travel has been severely restricted, and even physical contact with one another is being discouraged (i.e., social distancing). All attorneys are now challenged with how to best represent their…
Mediation
Mediating Business Disputes Effectively
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…
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…
How Long Does It Take to Get a Divorce Through Mediation?
The time it takes to get “through” the Mediation Process initially depends on whether or not each party returns a properly completed Probate and Family Court Financial Statement. The Mediator needs a correct Financial Statement for many reasons. An insufficient Statement causes delay and increased cost. At the outset, the Mediator will provide clients with…
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…
Exceptions to Mediation Confidentiality
by Brian R. Jerome, Esq. In an important decision, the Appeals Court has decided in ZVI Construction Company, LLC v. Levy, et al., (Docket No. 15-P- 359) (Oct. 6, 2016) that Massachusetts should not recognize a “fraud exception” to the confidentiality of mediation among business litigants who were represented by counsel. Judge Cynthia J. Cohen…
Celebrate Conflict Resolution Week October 16-22
In 2005, the Association for Conflict Resolution [ACR] designated the third Thursday in October as Conflict Resolution Day, and later, the American Bar Association [ABA] designated the third week of October as Mediation Week. Over the past decade, many states and other organizations have proclaimed days, weeks, and months in this honor, acknowledging the commendable and empowering…
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…
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…
Saving $$$$ Divorcing — Financial Statements
By Guest Blogger, Anthony C. Adamopoulos In my over 25 years of helping people facing divorce, I have seen, in almost every divorce, a reoccurring client decision that results in wasting hundreds, and sometimes, thousands of dollars. What is that decision? The decision not to read and follow the court’s instructions on how to complete…
Collaborative Law, PEN Focus of MBA ADR Panel
by Attorney Michael A. Zeytoonian Most people who are in a dispute think about mediation or arbitration as alternatives to lawsuits and litigation. But there are several other process choices that people have for how to resolve their disputes. That critical choice of which process to use is often the most important choice people make…
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…
Dispute Resolution Diffuses Explosive Situations
by Sheri Stevens Wilson The Islamic Society of Greater Worcester is seeking town approval to develop a Muslim cemetery on 55 acres it plans to purchase in Dudley, Massachusetts. The group seeks a local option where their burial customs could be followed, which sometimes include ‘green’ burial options, direct contact with the dead, very specific…
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…
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.…
Divorce Decree Can’t Compel Mediation
In a recent ruling on Ventrice v. Ventrice, a husband and wife could not be compelled to engage in mediation at their own expense as a condition of their being permitted to file actions in the future to enforce or modify the terms of their divorce. The husband argued that his right to free access…
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…
MDRS Launches Foreclosure Mediation Program
MDRS is excited to bring our valuable knowledge and experience of out-of-court dispute resolution to the City of Lynn Foreclosure Mediation Program. This groundbreaking program has been created to give Lynn homeowners and their lenders an opportunity to find mutually beneficial alternatives to foreclosure. The goals of the program are to prevent foreclosure, keep Lynn…
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…
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…
MDRS Spotlight on Premises Liability
According to a recent statistic, the National Safety Council reported that slip and fall accidents account for 1 million visits to the ER per year. And these account for only a fraction of premises liability cases, which can occur from any injury suffered on property belonging to or maintained by another person or party. Premises…
Dissolving Business Partnerships with Mediation
When you are involved in a business partnership, it can be daunting to think about severing that critical relationship, however, there are uncounted issues that can lead to the necessary dissolution of a business partnership. Whether it’s simply one party’s loss of interest in the business, a desire to retire, a lack of commitment that…
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…
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.…
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…
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…
Mediation Didn’t Spoil the Twinkies
Unless you stocked up in November or have been trolling the snack food selection on eBay, it has been quite some time since you last bit into a Twinkie. But lucky for junk food aficionados, that spongy yellow delicacy may be back in time for summer. Last November, Hostess, the original manufacturer of the…
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…
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…
Negotiating Family Disputes over the Holidays
While the holiday season is often filled with joy and precious family time, it can also be a stressful time of the year. Aside from making holiday travel plans and scrambling to buy gifts on time, people often worry about butting heads with family members during the holiday festivities. Sensitive topics may range from personal…
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,…
Mediation Training in the Workplace
It’s said that employees who have a high rate of job satisfaction enjoy the people they work with. This probably has a lot to do with the communication style in the workplace. One way to improve how employees feel about work is to take a look at the process for when problems arise. Is the…
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…
Business and Pleasure: The City of Salem
You may already know that Massachusetts Dispute Resolution Services has two locations. One in Boston, MA right in downtown at 60 State Street and the other in Salem, MA on Congress Street near the waterfront. Summer is a great time to visit the city of Salem. Why not consider a little rest and relaxation after…
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…
To Stay or Not to Stay (at the Divorce Hotel)
For approximately $3,500, couples can stay at a luxury hotel in The Netherlands and enjoy room service, beautiful scenery, and…a divorce. The idea for a “divorce hotel” was developed by Dutch entrepreneur Jim Halfens as a celebrity divorce destination. A team of lawyers, divorce mediators, and counselors, as well as the regular hotel staff, help…
Transformative Resolve: ADR for your health
Holding a grudge and feeling resentment toward someone who injures you is a natural feeling for most individuals, but it can lead to problems, especially during alternative dispute resolution. Most people who hold a grudge do so until they receive an apology or compensation for what ails them, but this attitude can be very counterproductive…
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,…
MDRS ADR and Mediation Video
Please enjoy a short video, also featured on YouTube here, in which I talk about the advantages of mediation and alternative dispute resolution. – Brian Jerome
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…
Court Battle or Alternative Dispute Resolution?
In almost all areas of dispute, mediation and arbitration are excellent means to resolve it. There is one instance when ADR isn’t necessarily the best direction to take: when the dispute involves creation of new law. Save this rare exception, ADR has four distinct advantages over litigation and should be seriously considered prior to any court…
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…
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…
Massachusetts Homeowners Demand Foreclosure Mediation
Massachusetts resident Monica Jarvis told reporters that she bought her home for $400,000 but fell prey to a predatory lender who forced her to seek a mortgage modification that will force her to pay approximately $1 million by the time she pays off the mortgage. Jarvis said she fears she won’t be able to retire…
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…
