Mediation

Mediation is a confidential process in which a neutral mediator assists the parties in negotiating a mutually acceptable resolution of their dispute. While judges may urge parties in a legal matter to pursue mediation, the decision to participate in mediation in Massachusetts is fundamentally a voluntary undertaking.

The Mediation Group’s interdisciplinary roster of mediators specializes in mediating conflicts in three environments: legal, family and organizations. 

Mediation of Legal Disputes

TMG has extensive experience mediating a range of civil disputes. Parties may choose to bring their dispute to mediation instead of pursuing resolution through the courts at any point in the litigation process. Mediation offers many advantages over litigation:

Confidentiality: In Massachusetts, the confidentiality of mediation is protected by statute.

Control: The mediator does not decide the outcome: parties maintain control, designing their own agreement.  In mediation, many parties feel that their voices are genuinely heard much more than in a court proceeding.

Minimized Uncertainty: Even when parties believe their position is strong, it is impossible to predict trial outcome. Crafting a mediated settlement allows both parties to avoid the risk associated with a judge or jury’s verdict. 

Efficiency: There is usually a significantly shorter timeline in reaching settlement and closure.

Economy: Mediation costs are substantially lower than litigation costs. Fees vary depending on which mediator is selected, number of parties, and amount of time required. Please call to discuss the billing details.

Flexibility and Creativity: Mediated resolutions can be crafted creatively without the limitations imposed by a court’s restricted settlement options. 

Effectiveness: Mediated settlements have higher compliance rates compared with court-imposed settlements. 

Collaboration: The mediation process is much more collaborative, and less adversarial than the litigation route, enabling parties to move forward in a more positive, less destructive manner. 

Mediation of Family Disputes

Understanding that disputes  arising within the context of a family are often both legally and emotionally complex, The Mediation Group has developed a cross-disciplinary approach, providing co-mediators who combine legal and mental health skills to address family conflict. Whether you are facing divorce, a contested estate, or other conflict arising within the family, traditional means of resolving these disputes are often costly, adversarial and counterproductive. Family mediation, with members of our experienced and multi-disciplinary family panel, offers many advantages:

Self-Determination: Parties actively shape their own agreements rather than accept decisions imposed by the courts.

Economy and Efficiency: Mediation is less time-consuming than lengthy preparation for a trial or hearing. Mediation is also significantly less expensive than other options.

Cooperative Approach: Mediators build on parties' strengths, rather than fueling their fears. Where appropriate, attorneys play a reduced role.

Convenience: Mediation sessions are scheduled at the parties' convenience and take place in a comfortable, informal setting.

Agreement: The goal of family mediation is an agreement which fully resolves the dispute. In the case of divorce, TMG can prepare written agreements, including formal Separation Agreements which can be filed with the court.

Relationships: Existing relationships can be preserved, and--if the parties wish--new, more cooperative relationships can be established.

Flexibility and Creativity: Mediation allows for the crafting of creative resolutions to meet the needs and wishes of the parties.

Whatever the issues, TMG’s family mediators offer a constructive, non- adversarial alternative to more traditional approaches. Family mediation can help parties clarify objectives and assess alternatives while also identifying and addressing underlying issues in a safe, supportive environment. The mediation process assists parties in communicating effectively as they work to solve problems jointly and respectfully. This enables parties to preserve relationships that might be destroyed in a more combative approach. Mediation emphasizes self-determination, helping parties maintain control of agreements which affect their family. Family mediation is both efficient and cost effective, minimizing legal fees while providing a mutually convenient schedule of mediation sessions.

Mediation of Organizational Disputes

Mediation is one of many processes that can be an effective tool in addressing conflicts within organizations. While often there are complex, systemic issues in play, sometimes discrete, interpersonal disputes can be resolved through mediation either independently or as a part of a deeper effort to address broader institutional concerns.  Mediation can be combined with other processes and strategies to create a customized approach designed to meet the specific needs of particular clients.

TMG’s mediators bring a diverse range of professional backgrounds along with a broad spectrum of subject matter expertise. They share a commitment to giving parties in conflict a voice, listening with intelligence, compassion and skill in order to help those parties move forward from a difficult moment in their lives, while minimizing both financial and emotional costs.

Fees for mediation depend on the professional selected, the number of parties and other factors. Please give us a call — we would be happy to send you a detailed fee schedule or help you determine the costs that would apply to you.


Our Experts Specializing in Mediation