A common form of alternative dispute resolution process is mediation – it is a way to resolve a legal dispute without litigation and a lawsuit. Mediation is much less expensive than filing a lawsuit and is much quicker. However, the parties in the dispute have to voluntarily seek a mutually agreeable resolution in good faith, or else mediation can be a waste of time.
The attorneys at the Katz Law Group in central Massachusetts know how to succeed in mediation, as they have over 40 years of experience resolving disputes for clients through mediation and arbitration.
The Mediation Process
First, there is the legal dispute and, oftentimes, an informal negotiation that fails to resolve it.
If the relationship between the parties has not completely collapsed and become irreparable, mediation may still be an option. However, both parties have to agree to mediate their dispute for the process to work, and have to agree on which mediator to use.
Each particular mediator has their own way of going about the resolution process. However, the next step is generally the joint session, where both parties meet with the mediator so the mediator can understand the nature of the dispute, the facts at issue, and what each side would consider to be a satisfactory outcome. Depending on the circumstances and whether the mediator thinks that further discussions will be productive, the joint session will continue or another one will be scheduled. However, if discussions are breaking down, the mediator will generally meet with each party individually to better understand their position and to find areas of common ground. This often includes some “shuttle diplomacy,” where the mediator relays the parties' positions to each other and urges them to come to a compromise that is mutually agreeable.
If the parties reach an agreement, the mediator can draft a contract, known as the mediation agreement, that outlines their new arrangement.
The Unique Role of the Mediator
Note that it is the parties in the dispute that are creating the resolution, not the mediator. The mediator is there to guide the discussion process along, not issue a ruling or a decision.
This makes mediation different from arbitration or litigation, where the arbitrator or the judge or jury hear both sides of the case and then decide who is right.
According to the alternative dispute attorney David S. Katz, “The informality of mediation can make it difficult to plan too far ahead, as the other party's conduct can drastically alter the dynamics of the process.”
Is Mediation Legally Binding?
While the process of mediation is voluntary, the mediation agreement is a legally enforceable document just like any other contract. Violations of the agreement can be rectified in court.
Massachusetts Mediation Attorneys at the Katz Law Group
If you are having a legal dispute with someone in Massachusetts and are considering mediation, call the Katz Law Group at (508) 480-8202 or contact them online.
