August 24, 2017

Mediation

Our attorneys have experience resolving many types of disputes using mediation.  Mediation can work successfully for business disputes, commercial disputes, will contests, trust disputes or other probate court litigation, or in family law or divorce matters.

Mediation is a confidential and voluntary process that the parties can use to explore a resolution without the cost of litigation.

One of the benefits of mediation is that it is voluntary.  This means that no agreement will be forced on any party, but instead an agreement must be satisfactory to all parties if the mediation ends successfully.  The fact that mediation is confidential is also a benefit as this allows the parties to speak freely without fear that anything that is said at the mediation would be used against them at a later trial.

Mediation is a form of Alternative Dispute Resolution (ADR) which is a more efficient and cost-effective process than utilizing the courts to settle a dispute or resolve an issue. It is a confidential and voluntary process in which the parties set the pace of the sessions and a mediator, acting as a neutral party, assists the parties to amicably resolve their issues.

The benefits of mediation include a simplified court process, substantial cost savings, and a durable, more long-lasting agreement which take into account your unique situation and is crafted by you rather than the court.

Mediation is helpful in a variety of matters, including the following:

  • Divorce
  • Post-Divorce
  • Martial Mediation (which is mediation to assist you to remain married)
  • Parent Coordination
  • Elder Care and Guardianship
  • Estate Issues
  • Business Issues
  • Neighborhood Issues
  • Landlord/Tenant
  • Contract Disputes
  • Construction Disputes
  • Employment Disputes

Our Massachusetts Mediators
Our mediators are members of the Massachusetts Council on Family Mediation, a state organization requiring mediators to maintain professional and ethical standards. Both Attorney Doherty and Raymond have over ten years of experience as mediators and are also attorneys licensed to practice law in the Commonwealth of Massachusetts. Their expertise is divorce and family law, probate and guardianship, and business matters. They use this expertise to assist parties with formulating an agreement which will conform to court requirements and is workable long term. When they are acting as mediators, they do not represent either party as attorneys.

Confidentiality
Under Massachusetts General Laws, legal privilege has been extended to mediators. Under this law, all mediation sessions are confidential. Neither the mediators nor any notes nor mediation documents may be subpoenaed into court. You will be asked to sign a mediation contract agreeing to the confidentiality of the mediation.