Our services
Mediation
As mediators, we serve as unbiased neutrals, preserving confidentiality of information and exploring common ground that can result in agreement. Mediation is confidential, cannot be the subject of evidence in an underlying lawsuit, and can be ended at any time. We understand the necessity of having sufficient facts available to trial counsel before entering ADR. We will tell you if we believe a matter is not ripe for mediation.
Conciliation
In the commercial context, our neutral can serve as a facilitator and work primarily with counsel for parties to explore the circumstances and challenges of an active legal dispute. In conciliation, our neutrals offer insight to each side, separately or together, to help counsel identify productive legal paths to resolve or simplify a complex dispute.
Arbitration
In arbitration, our neutral assumes the role of a judge and the ADR proceeding becomes private litigation. Our arbitrator’s award is typically final and may be enforced by a court as if it were the judgment of a court. Arbitration may be the best option if you want to secure finality promptly. Courts ordinarily do not have a legal basis to revise or modify the arbitrator’s award or to challenge the arbitrator’s fact-finding or legal conclusions.
Case Evaluation
As a case evaluator, our neutral hears factual and legal aspects of a dispute, may convey a prediction, within boundaries, of the likelihood of success of each party’s claims, and offer an assessment of the parties’ positions. We may assign success percentages to each side or to claims’ success, usually accompanied by a thoughtful analysis of the facts and the law.
Special Feature
Middlesex Mediation can serve as the invitational source for these ADR options. Sometimes the early intervention of a neutral for settlement avoids a perception of weakness by any party. Although a limited pause in litigation is required, ADR can readily be pursued without prolonging a schedule for ongoing litigation.
The Mini-Trial
The mini-trial is confidential and especially useful in matters involving complex technologies, patent disputes, financial accounting, or other disputes that parties wish to resolve confidentially. Our neutral will oversee the process, but not play an active role initially. After the parties’ presentations, the principals and counsel usually adjourn for a separate negotiation, during which our neutral might serve as the mediator. If the parties fail to reach a settlement or make progress, our neutral may, if the parties request, offer a case evaluation, which frequently prompts further productive negotiation and settlement.