Achieving Your Goals Through The Mediation Process

Not all business disputes or individual matters are destined for litigation. Alternative dispute resolution methods like mediation, arbitration and negotiation can be invaluable tools when seeking workable and mutually agreeable solutions. When clients come to Seder & Chandler, our lawyers evaluate all individual aspects of their claims, making a determination of whatever form of resolution will likely yield the best outcome. This is done by performing an analysis of the expense, time and risks involved.

Mediation and other collaborative solutions are increasingly common alternatives to formal litigation. ADR methods are easily adaptable to changes in the law and in societal/industry mores. If you would like more information about how the mediation process could provide a resolution to your matter, contact Seder & Chandler. We have two conveniently located offices, in Worcester and Westborough, but handle matters throughout central Massachusetts and the MetroWest Boston area.

What Is Mediation? Is It Right For Me?

If your dispute is suitable for mediation, you can probably avoid much of the uncertainty and cost of a lawsuit. Mediation works best when both sides can regard something other than an outright victory at trial as a favorable outcome. The main objective of mediation is to help opposing parties find the middle ground that both can live with. Mediation is essentially structured and facilitated negotiation. The parties choose a third-party neutral who will be responsible for assisting the process, but who will not be authorized to force a settlement. Each side presents its case, and the mediator works back and forth with each party to get a better idea of the merits of the case and the potential for useful compromise.

Our mediation practice features the services and knowledge of attorneys J. Robert Seder and Robert Adler, certified mediators with extensive corporate, employment and commercial law experience, available to serve as a third-party neutral for non-client litigants.

The mediator might then suggest the basic outlines of a possible settlement that the parties can refine or reject. Although the mediation process will be mandatory in some situations by contract or by law, the parties will never be compelled to reach a settlement. If necessary, the parties can initiate or resume the litigation, but the mediation will very often identify grounds for settlement of the case.

Mediation is also useful for testing the strength of a litigation position. It exposes unreasonable demands or desperate defenses. It can also narrow the gap between an offer and a demand when liability is fairly well established but the amount of damages remains in dispute.

We Can Represent You In Mediation Or Serve As The Third-Party Neutral

At Seder & Chandler, we know how to help our clients get the most out of mediation in commercial litigation, divorce and family law disputes, and disagreements over wills and trusts.

For more information about the scope of our Massachusetts mediation practice, contact Seder & Chandler today.