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…
Confidentiality
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…
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…
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…
