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…
Alternative Dispute Resolution
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…
Resolution of Complex Issues Go Beyond Insurance
When people think ADR [Alternative Dispute Resolution], imaginations are sometimes limited to situations having an ultimate financial settlement. While this is in many cases true, MDRS has assisted clients in resolving conflicts well beyond dollar signs. Consider, for example, the family-owned business run for decades by Mom and Dad, now turned Grandma and Grandpa, who…
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 Presents ADR Techniques to Nigerian…
MDRS is honored to again have been asked to present on alternative dispute resolution to a high-level delegation from Nigeria visiting the United States seeking out information on ADR so that they can further such implementation in their country. This is the third year that MDRS will have the honor of working with this admirable…
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…
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…
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…
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…
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…
Words of Wisdom Imparted by MDRS Experts!
Massachusetts Dispute Resolution Services is now featuring articles and interviews by members of our Panel of Neutrals, “Words of Wisdom.” Here’s a brief excerpt from our most recent article, A Trial Lawyer’s Experience as a Mediator: A Few Brief Lessons, written by MDRS Neutral Thomas W. Porter: On the first day of practice as a trial…
“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…
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
3rd Annual New England ADR & the Law
This year’s New England ADR & the Law Conference is being held at the Boston MCLE Conference Center, Monday, October 24 at 1pm. This year’s keynote speaker is Davis Matz, Esq., a partner at The Mediation Group in Brookline and a professor of conflict resolution at the University of Massachusetts at Boston. MDRS is looking…
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…
Bette J. Roth Offers Sound Advice to the Legal Community
Bette J. Roth, a mediator and arbitrator who also teaches mediation at Boston University School of Law, is a member of the MDRS Panel of Neutrals. Ms. Roth’s “10 tips for effective – and ethical – negotiation” was recently featured in Massachusetts Lawyers Weekly. As business counsel and mediator, Ms. Roth emphasizes the importance of…
“Talking About the Law” with MDRS Founder Brian Jerome
It was a pleasure speaking with Bob Flynn yesterday on his excellent radio show, “Talking About the Law.” If you didn’t catch it or want to pass it on, please click here for the audio. Thanks again to Bob Flynn, and the crew at WCRN 830 AM! -Brian Jerome
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…
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…