BHPK Mediation Group

When litigation isn’t the answer, BHPK Mediation Group can help. Led by BHPK founding partner Richard Brody, our experienced trial lawyers have acted as mediators and arbitrators in addition to representing clients in hundreds of mediations and arbitrations.

• Mediation
• Arbitration
• BHPK Mediation Group Members

Mediation

What is Mediation?

Mediation is an out-of-court process in which a neutral third party evaluates a controversy and helps the parties reach a mutually acceptable resolution. Mediations are non-binding -- either party can terminate the negotiations at any time until a settlement is reached. The negotiations are confidential by law and by agreement of the parties. G.L. c. 233, § 23C.

Mediation Process

Successful mediations require: participation of individuals with decision-making authority, flexibility, and willingness to listen. With these requirements in mind, the parties sign an agreement to mediate their controversy through BHPK Mediation Group. Each party then submits to BHPK Mediation Group a case overview of no more than two pages setting forth theories of liability and damages. Upon receipt of the case overviews, BHPK Mediation Group will schedule a series of negotiated sessions with the parties at its offices at One Exeter Plaza, Boston, Massachusetts.

At the first session, each party, with the plaintiff going first, presents a brief statement setting out their theories of liability, damages and any matter they believe could be proved at trial. The parties may also submit any relevant documents or other evidence. This evidence will not be disclosed to opposing parties without authorization.

After the initial meeting, the mediator meets separately with each party to evaluate the case 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, it will be set forth in writing and signed by the parties.

Mediation Fees and Schedules

To schedule mediation services and request fee information, please call Kate Petersen, Executive Coordinator of Mediation Services, at (617) 880-7131.

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Arbitration

What is Arbitration?

In addition to its mediation services, BHPK Mediation Group also provides arbitration services. In arbitration, the parties agree to submit their dispute to a third party arbitrator at BHPK Mediation Group whose decision is binding.

Arbitration Process

More formal than mediation, arbitration consists of a hearing, with opening statements, examination of witnesses, cross-examination of witnesses, and closing arguments. The arbitrator may ask questions of witnesses. The arbitrator is the judge of the relevancy of the evidence offered, and of any other disputes that arise during the hearing. The parties should submit any relevant case law or statutes they wish the arbitrator to consider. At the conclusion of the hearing, the arbitrator makes a decision.

Arbitration proceedings may be recorded by agreement of the parties and at the expense of the parties. Subpoenas may issue for the attendance of witnesses and the production of documents in accordance with G.L. c. 251 § 7. The hearing takes place at the offices of BHPK Mediation Group.

The arbitrator may grant any remedy or relief, including specific performance, which he deems just and equitable and that falls within the scope of the Agreement to Arbitrate.

Arbitration Fees and Schedules

To schedule arbitration services and request fee information, please call Teresa Hart, Executive Coordinator of Mediation Services, at (617) 880-7131.

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BHPK Mediation Group Members

Richard E. Brody

Mr. Brody is a trained mediator who has worked with the Massachusetts Bar Association, Arbitration Forums, Inc., the Massachusetts Multi-Door Courthouse, and his own mediation and arbitration service. He has mediated and arbitrated dozens of cases and has represented clients in hundreds more.

Samuel Perkins

Mr. Perkins is an experienced mediator and graduate of the Commonwealth Mediation Services training program. He has mediated and arbitrated numerous cases and has represented clients in hundreds of mediations and arbitrations.

Laurence Hardoon

Known for his work on the Boston clergy sex abuse cases, Mr. Hardoon has tried hundreds of cases and participated in numerous mediations and arbitrations.

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