Cambridge Alternative Dispute Resolution Attorney
When the cost and formality of litigation isn't the answer, mediation is often the best way to resolve a dispute. Led by Brody, Hardoon, Perkins & Kesten, LLP founding partners Richard Brody, Laurence Hardoon, and Sam Perkins, our experienced trial lawyers have participated as counsel, mediators and arbitrators in thousands of lawsuits. We are well-prepared to help you resolve the conflicts you face in a broad spectrum of cases involving employment law, personal injury, and business disputes, as well as a host of other legal conflicts.
What is Mediation?
Mediation is an alternative method of resolving disputes in which the parties select a neutral third person — a mediator — to evaluate a controversy and help the parties reach a mutually acceptable resolution. Mediation is non-binding, and either party can end the negotiations at any time before a settlement is reached.
Successful mediation requires the participation of individuals with decision-making authority — people who have the flexibility and willingness to come to an agreement with another party. A successful mediation involves substantial preparation, but it is often the most cost-effective and expeditious means of settling a dispute. In many cases, it is the best way to achieve a non-monetary solution to legal problems.
How Mediation with BHPK Works
Mediation with our Boston, Massachusetts law firm begins when you select us to mediate your controversy. Ensuring that we have no conflicts of interest in mediating your dispute, we then ask both parties to submit a case overview and schedule a mutually agreeable date, time, and place for the mediation. Ordinarily, mediations are held at our offices at One Exeter Plaza in the Back Bay neighborhood of Boston, but we also offer sessions at locations through Massachusetts for your convenience.
The opening session of the mediation is a joint meeting where each party — with the plaintiff going first — presents a brief statement setting out their theories of liability, damages and any other relevant information they believe can be proved at trial. The parties may also submit any relevant documents. Any evidence or confidential information which may substantially affect the outcome of the litigation or mediation will not be disclosed to opposing parties without authorization.
After the initial joint meeting, the mediator meets separately with each party to evaluate the case, test their evidence and theories, and discuss settlement proposals. The mediator may schedule group meetings from time to time to discuss particular issues as necessary.
The mediator does not make any judgment about the case unless all parties request it. The mediator also does not reveal offers or demands to the opposing party unless explicitly authorized to do so. If an agreement is reached, the terms will be set forth in a written memorandum of understanding which is signed by the parties.
Talk with the Attorneys at BHPK about Mediation
To schedule a confidential consultation with a mediator at Brody, Hardoon, Perkins & Kesten, LLP, please call our Boston law office at (617) 880-7100 or complete our online contact form.
