| Why
Mediate?
REBA
Dispute Resolution, Inc. (REBA-DR) offers a full range of alternative
dispute resolution (ADR) services, including case evaluation, mediation
and arbitration. Our most popular service is mediation.
The
Massachusetts court system describes mediation as "a voluntary,
confidential process in which a neutral person (mediator) assists
disputing parties in identifying and discussing issues of concern,
exploring various solutions and developing a settlement that is
mutually acceptable to them."
There
are a number of reasons why mediation is better than trying a case
before a judge or a jury. These include time, cost, control and
options.
Time
REBA-DR
can schedule a mediation session within days (and sometimes within
hours!) of a request. A court case can take years to prepare for
trial. A successful mediation will spare the parties of many months
of both uncertainty and anxiety.
Cost
The
cost of a court case is, of course, in large part a function of
the amount of legal time spent on a case. When the parties save
time, they save money. Mediation sessions take far less time than
the trial of a case in court; and, lawyers have to spend significantly
more time preparing for a trial than they do for a mediation session.
A successful mediation saves the parties substantial amounts of
money in resolving their case.
Control
A successful
mediation results in a negotiated agreement satisfactory to both
parties. With mediation, a party can agree on what is important,
yield on issues that are relatively unimportant and compromise on
central issues in a way both sides find acceptable.
In
addition, REBA-DR permits the parties to agree on a mediator from
our panel of neutrals. Parties can never choose the judge who will
try their case; most other mediation services do not permit the
parties to select their mediator.
Options
A trained mediator will explore with the parties the strengths and
weaknesses of their cases and present them with various choices
for reaching an agreement. A mediator with both experience in the
court process and expertise in the subject matter of the dispute
can be very skillful in bringing the parties together and reaching
a mutually acceptable solution. If the mediation does not result
in an immediate agreement, the parties can use what they learned
in the mediation session as a basis for future negotiations. The
parties can also decide following mediation what other options are
available to them, such as having the case arbitrated or going through
with a trial in court.
REBA-DR
provides a complete range of alternative dispute resolution services
with a distinguished panel of neutrals with extensive experience
in real estate law. Our panel includes two retired chief justices
from the Massachusetts Land Court. When a case is approaching trial,
MCA-DR offers a cost effective and high quality alternative.
Joe
Boynton, Esquire
91 Prescott St.
Worcester, Massachusetts 01605-1702
Tel: (508) 754-4321
Fax: (508) 757-5005
E-Mail: JoeBoynton@att.net
(Editor's
Note: Joe Boynton, Esq. is a former president of REBA Dispute Resolution,
Inc.)
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