What is Mediation?
Mediation is an alternative dispute resolution process facilitated by a neutral third party. Mediation provides parties the opportunity to address disputed issues and work toward an understanding or written settlement agreement that can be enforced through the Court.
What are the benefits of mediating a dispute?
Time: Mediation happens according to your schedule, not the schedules of courts and attorneys. Mediating a dispute typically occurs in a fraction of the time required to litigate a dispute in court.
Money: Mediation costs significantly less than pursuing adversarial litigation in court (which can require filing multiple motions, conducting discovery, preparing for and appearing at a public trial), particularly when attorneys fees are included.
Easier Communication: Mediation provides the opportunity to speak and be heard as well as to listen and try to understand the other party.
Comprehensive and Meaningful: Mediation provides parties the opportunity to thoroughly address the issues important to them.
Confidential and Private: Mediation is confidential, private, and informal. Court proceedings are public and formal.
Voluntary: Mediation is voluntary, you can decide to not go forward with mediation whenever you want.
You Decide Outcome: Mediation allows you to choose the resolution to your dispute, in court a judge will decide for you.
Relationship: Mediation provides the opportunity to sustain a working relationship with the other party.
What are any disadvantages to mediation?
Voluntary: Mediation requires the willing participation of both parties.
Not For All Relationships: Mediation allows both parties to speak and be heard, but it does not always balance abusive power dynamics. Mediation cannot enforce all rights that need to be protected in certain volatile domestic cases. You may choose to bring an attorney to mediation to help represent you.
How long does mediation take?
Mediation is conducted in sessions that usually last a few hours. Multiple sessions can be scheduled. The length of each mediation depends on the circumstances and issues among the parties.
When and Where do mediations take place?
Mediations are scheduled evenings and weekend days. Parties may meet in Cambridge, MA or a location more convenient.
Frequently Asked Questions