|In Mediation I endeavor to tailor my approach to the unique needs of the parties involved in the dispute.
This might mean insisting that a spouse or family member be present during mediation sessions.
In an emotionally charged dispute, it might mean that the parties never meet in joint session during the mediation.
Mediation is often the opportunity for an individual employee or a manager to be heard concerning the dispute in a manner which is not permitted in formal litigation.
I encourage the parties to actively participate with their attorneys in the mediator's private caucus sessions, allowing them to understand that, in mediation, the parties have control over the final outcome.
There is an opportunity to creatively fashion a remedy which is meaningful to the party but which might not otherwise be available from a judge, jury or arbitrator
||In arbitration I am mindful of my obligation to strict neutrality.
Nevertheless, I encourage the parties to utilize the arbitration process in a way that takes advantage of the various efficiencies available, while still presenting a thorough case to the arbitrator or panel.
In arbitrating statutory claims I am mindful of the need to maintain all statutory rights and remedies while trying a case in a confidential, private forum.
With labor arbitrations, I am well aware that the arbitration takes place in the context of an ongoing relationship between the union and the employer.
Timing is often critical in the success of alternative dispute resolution.
I will usually only accept a mediation or arbitration if I am available to arbitrate or mediate the case within thirty to forty five days after the initial contact from the parties.
||2012 Superlawyer in the Alternative Dispute Resolution category;
announced in the Nov 2012 Issue of Boston magazine.
visit superlawyers.com to read more