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
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…
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…
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…
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…
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…
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.…
