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Mediation is a more widely used form of ADR, (alternative dispute resolution). It is a process in which trained, professional Mediators work to facilitate each party to develop a fair agreement in settlement of their dispute. The Mediator is a neutral with no interest in the outcome or settlement. He or she meets with each of the parties individually, as well as meeting with them together, with the goal of forging a settlement agreement between the parties. In mediation the parties themselves determine all aspects of any agreement. If mediation is finished with either resolution of only some issues, or because it has broken down for some reason, the parties to the dispute must either hire new legal counsel, or proceed in Court pro se, (representing themselves), to reach resolution of any unresolved issues.
It is important to be aware that Mediation and Collaborative Practice each require specialized training and/or certification by an appropriate training or certification agency. |
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Litigation or Mediation? |
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Litigation is an adversarial process, a "fight" played out in the Court room.
It is adviseable to hire legal counsel, both to understand the Court procedures involved, and more importantly, to act as an effective voice in the Court room.
Unlike litigation, mediation does not allow lawyers to participate.
Mediation seeks to find a fair mid-ground to attempt to create a “win-win” for the parties.
Unlike litigation, issues of any kind can be mediated, not just legal ones.
Unlike litigation, mediation protects privacy. |
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Unlike litigation in open Court, mediation is valuable in cases involving sensitive issues or information.
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What does Mediation Look Like? |
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No retainer is required.
There is a reasonably hourly fee for mediation services.
The fee is shared by the participants.
The only people in the room during mediation are the parties to the dispute and the mediator, or neutral.
There may be a single Mediator or there may be Co-Mediators working with the parties.
All participants sign a Participation Agreement.
Any participant, including the mediator can chose to walk away from the mediation before there is a resolution.
Any agreement reached as a result of mediation becomes the full and final settlement of the dispute. |
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Advantages of Mediation |
| Higher level of privacy. |
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| Reduced cost where the parties are able to reach agreements in a shorter time, when compared with litigation. |
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| Less adversarial. |
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Personal interests protected. |
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| Flexible process. |
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| Retains the dignity of the parties. |
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| More comfortable setting. |
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Other Features of Mediation to Consider: |
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Parties represent their own interests. |
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Requires willingness of the parties involved to come to resolution, if possible. |
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Likely would be inappropriate where prior Orders limit contact of the parties, or where danger of violence exists. |
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Settlements often reached after a series of meetings, usually not after a single meeting. |
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For further information about mediation, please click here Mediation.pdf
Initial consultation is provided at no cost to the client. For further information call
(508) 603-0048, click Online Inquiry form,
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Please Note: Information contained on this page is presented for purposes of explanation and comparison only. It is not to be construed as advice of any kind and should not be relied on. Additionally, in accordance with Massachusetts Code of Professional Responsibility DR 2-105(B) (1997): When a Massachusetts lawyer holds himself or herself out as certified in a particular service, field or area of law by a non-governmental body, the certifying organization is a private organization whose standards for certification are not regulated by the Commonwealth of Massachusetts. |
