Mediation and Arbitration
Raymond S. Ewer, Esquire
Mediator / Arbitrator
Telephone: (617) M E D I A T E (633-4283)
Mediation, a form of alternative dispute resolution (ADR), is an informal, confidential process in which a neutral party (the mediator) encourages and facilitates the resolution of a dispute between two or more parties without deciding what the outcome should be. With the assistance of the mediator, the parties themselves determine the terms and conditions of any settlements reached, rather than accepting an outcome imposed by a third party. Compared to the costs of litigation, mediation is inexpensive and mediated settlements are typically paid more quickly. The process allows the parties to select a mutually acceptable mediator based on areas of expertise, location, and availability. In addition, mediation minimizes the delays inherent in litigation allowing the parties to resolve their disputes in months rather than years.
View Think About Mediation, a discussion of the benefits of mediation by Hon. John C. Cratsley, Associate Justice of the Massachusetts Superior Court. © 2009 Massachusetts Continuing Legal Education, Inc.
Mediation Documents: Agreement to Mediate Mediation Fee Schedule
Arbitration, another form of ADR, is a process for the resolution of disputes outside the court system, by which the parties to a dispute refer the case to one or more persons (the arbitrators) by whose decision the parties agree to be bound. The process is governed by rules which provide for an efficient, structured hearing in which the parties present their evidence to the arbitrator by witness’ testimony and documents. A decision (the arbitrator’s award) is typically rendered within a matter of weeks.
Arbitration Documents: Agreement to Arbitrate Arbitration Fee Schedule Arbitration Rules