Announcing Our New Fee Structure and Short Session!

BDRS is happy to announce a new fee structure and the introduction of ShortSession.

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ShortSession

BDRS now offers ShortSession mediation for personal or business disputes involving only two parties and an amount in controversy of less than $10,000. Each ShortSession includes up to two hours of time for a modest flat fee, with additional time available at a reduced hourly rate.

The Mediation Process at BDRS: Sessions

Sessions
Each mediation is tailored to the needs of the parties and the nature of the dispute. Typically, however, there will be a series of joint or private sessions. The goal of these sessions is to enable the parties to explore and understand
their interests, develop options, and determine whether all parties can reach agreement.

I first meet with all parties in a joint session for an introduction and review of the process, after which each party has an opportunity to present its side of the dispute.

After that initial joint session, I usually meet privately with each party, or with groups of parties, followed by subsequent joint or private meetings, as warranted. There are no arbitrary sequences or time limits.

Joint sessions can be a critical aspect of the mediation, particularly in instances where the parties have not ever met, or have not met since the time of the events giving rise to the dispute. The importance of giving parties an opportunity to have their say in front of their adversaries, and to hear directly any response the other parties might wish to make—all protected by the confidentiality of the mediation—should not be undervalued, even in cases where the dispute seems to be “just” about money.

Private sessions give the parties an opportunity frankly to assess the strengths and weaknesses of their case, discuss confidential information, to vent positions or emotions they do not wish to share with the other parties, and to consider the consequences and alternatives to a mediated settlement.

Resolution Solutions - July 2009

To see a copy of the July 2009 issue of Resolution Solutions, my dispute resolution newsletter, please Click Here. The newsletter contains a link to subscribe.

The Mediation Process at BDRS: Pre-Mediation Statements

Pre-mediation statements

Before the mediation, the parties may submit optional, written
pre-mediation statements to the mediator. Such statements
might contain, for example, a summary of a party’s claim or
defense, what a party hopes to accomplish at mediation, or
particular concerns or perceived impediments to resolution.
Preparing such statements may be a useful tool for parties and
their counsel in thinking through the issues and preparing for a
productive session.

The purpose of such pre-mediation statements is not to
“persuade” the mediator—remember that the parties, not the
mediator, will decide how the dispute is to be resolved—but to
familiarize the mediator with the general context of the
dispute.

While BDRS encourages the parties to exchange information, it
is up to the parties to decide whether to submit their respective
statements just to the mediator, or also to exchange
statements among themselves. In order to avoid confusion,
however, the mediator will assume that anything in the
statements may be shared with the other parties at the
mediation, unless specific portions of a statement are
expressly stated as confidential.

About BDRS

I am a Boston lawyer with more than 28 years of experience. I founded Boston Dispute Resolution Services as an adjunct to my law practice. BDRS provides timely and cost-effective mediation and other ADR services to the legal, insurance, and business communities. These ADR services include mediation, conciliation, case evaluation, and business facilitation.

In my law practice, I have represented plaintiffs and defendants, including businesses ranging from sole proprietorships to Fortune 100 companies, in a variety of matters. These have included routine business disputes and personal injury claims, employment and workplace disputes, real estate and land use disputes, intellectual property and media matters, serious personal injury and death claims, major property losses, bad faith and unfair practices, and multi-million dollar, multi-party, complex business, construction, product liability, and insurance cases.

While many such disputes were resolved in court by motion, trial, or appeal, most were resolved through negotiated settlements. Over the years, my clients and I increasingly turned to mediation as a way to reach such settlements, particularly in complex, multi-party cases.

Although most of those mediations led to a resolution, in some instances the process itself was frustrating or unsatisfying. My belief that mediation participants deserve more than the “arm twisting” or “splitting the difference” that too often characterize “old school” mediation led me to explore different mediation styles and processes.

While mediation and most other services at BDRS (case evaluation being an obvious exception) primarily use a facilitative model of mediation (derived in part from concepts developed at the Harvard Negotiation Project), the process is tailored as needed to meet the needs of the parties in an efficient and productive manner.

I feel that I bring a balanced view and unique, practical perspective to my dispute resolution services, drawing on what I found to be most successful in my own ADR experiences as a litigator, while seeking to enhance the overall process and maximize satisfaction of those using the services provided by BDRS.