Mediation & Arbitration Services
ADR (alternate dispute resolution)
my website for this service
http://lawofficeofmauricelarivierejr.law.officelive.com/default.aspx
In my practice I also serve as a mediator and arbitrator. I serve in this function in the Boston, Merrimack Valley and North Shore Areas.
The reality is that professional services versus jury cases
are much better as to
costs, timelines and justice.
Alternative Dispute Resolution "ADR," is the generic term used to describe dispute resolution procedures such as arbitration, mediation, and negotiation, all of which have a common aim of eliminating the need for a traditional trial.
I provide a full range of out-of-court mediation and arbitration services to private individuals, attorneys, business, labor and the insurance community.
Informal and non adversarial, the non-binding procedures of mediation consist of parties agreeing upon an impartial mediator to hear the relevant facts of a dispute and the position of each party.
Mediators are trained and experienced in assisting parties to reach their own negotiated dispute resolution. Approximately 90 percent of the disputes submitted to mediation reach settlement and avoid further litigation.
As in most states, Massachusetts law allows parties to choose arbitration, rather than trial in the court system, to reach final resolution of their disputes. Parties agree on an impartial arbitrator with training and experience in the specific area of law involved in the dispute.
The arbitrator conducts a hearing in which parties present witnesses, documents, and evidence in support of their case. The arbitrator then renders a decision which is final and legally binding.
I encourage parties to consider this format, which is designed to minimize the risks of both parties in proceeding to binding arbitration.
High/Low Arbitration
Without disclosure to the arbitrator selected, parties agree in writing to a minimum and maximum arbitration award. After hearing the case, the decision of the arbitrator is binding but can be no greater than or less than the minimum and maximum amounts agreed upon earlier by all parties.
Mini trials
Presided over by one or more highly qualified attorneys or retired judges selected by the parties, a mini-trial is a summarized presentation of a civil trial. A verdict is issued that is non-binding on the parties.
The process has been used effectively in complex cases as an informational guide to yield subsequent settlement.
Fact finding hearing
In certain disputes it may be advantageous for parties to engage an impartial fact-finder to conduct a hearing, Skilled in the specific area of law involved in their dispute, the fact-finder hears witnesses, reviews documents and evidence as presented by the parties, and renders a written finding.
Depending upon the agreement of the parties, these findings may be binding or non-binding in accordance with applicable laws and used as a basis for subsequent dispute resolution.
What is ADR?
Alternative Dispute Resolution, Also known as "ADR"; methods by which legal conflicts and disputes are resolved privately and other than through litigation in the public courts, usually through one of two forms: mediation or arbitration.
It typically involves a process much less formal than the traditional court process and includes the appointment of a third-party to preside over a hearing between the parties.
The advantages of ADR are speed and money: it costs less and is quicker than court litigation. ADR forums are also private. The disadvantage is that it often involves compromise. —Source: Duhaime's Law Dictionary.
Note: The below material is taken from: "A GUIDE TO COURT-CONNECTED ALTERNATIVE DISPUTE RESOLUTION SERVICES" Prepared by the Massachusetts Supreme Judicial Court/Trial Court Standing Committee on Dispute Resolution in cooperation with the SJC Public Information Office.
For additional detailed information consult the links under "For More Information" at the bottom of this page.
What is Arbitration?
Arbitration is a process in which the parties select a neutral person (an arbitrator) or a panel of three arbitrators. The arbitrator renders a binding decision at the request of the parties after hearing arguments and reviewing the evidence.
What is Mediation?
Mediation is a voluntary, confidential process in which a neutral person (a mediator) assists disputing parties in identifying and discussing issues of concern, exploring various solutions and developing a settlement that is mutually acceptable to them.
What is a Mini-Trial
Mini-trial is a two-step process to facilitate settlement. In the first step, the attorneys for each party present to a neutral in the presence of individuals with decision-making authority for each party a summary of the evidence and arguments they expect to offer at trial.
Then, the individuals with decision making authority meet with or without the neutral to discuss settlement of the case. If settlement is not reached, the neutral may offer, as a further aid to settlement, a prediction of the likely outcome if the case goes to trial.