Scott has been trained as a mediator by Metropolitan Mediation Services of Brookline, Massachusetts, and he has successfully mediated conflicts concerning breaches of contract, condo association dues, wage claims, insurance coverage, consumer protection, unpaid loans and contractor-homeowner disputes, commercial tenants disputes and other disputes that arise in a business setting.
Using his experience as a litigator, Scott has garnered a reputation as a mediator who very quickly assimilates facts and identifies what matters most to the parties as well as potential areas of common interests. The parties that come before Scott invariably feel like they have been heard and validated; however, they also appreciate Scott’s firm no-nonsense approach to problem-solving.
Scott is available to serve as a neutral of any conflict relating to businesses, construction or real estate.
What Is Mediation?
Mediation provides an opportunity for parties who are having difficulty agreeing on a way forward to come together with the help of a third-party neutral, the mediator, to try to settle differences. The mediation may result in a settlement agreement, or it may not. I would not characterize one outcome being a success and the other a failure because, even if the parties fail to come to an agreement, the mediation process often helps parties to come to a better understanding of each other’s interests. This understanding, if not enough to come to an agreement, helps parties to better crystallize their positions and take stock of their true interests, and often allows the parties to lower the temperature so that they can work more efficiently towards a resolution in other forums.
As mediator, I do not act as a judge or arbitrator — I do not decide who is right and who is wrong. I listen to both sides in an effort to help the parties work out their own resolution. The process nearly always starts with both parties in the room with me to explain their positions and what they would like to see come out of the mediation. If there are fruitful and productive back and forth exchanges, then we may stay in the room together. However, typically there comes a point when I decide that it is more helpful for me to speak with the parties separately, I would shuttle back and forth between two rooms.
Confidentiality is an important aspect of mediation and this and other ground rules are spelled out in a mediation agreement to be signed by all parties.
All sides will have equal opportunity to be heard. I cannot help the parties find a resolution unless I hear everything that they believe is important for me to know.
If the parties believe it will be useful for me to review written materials prior to the mediation, they may send them to me with the understanding that the other party needs to see the same materials at the same time.
If there is a settlement, the parties have a choice for documenting the agreement. At a minimum, I would draft a list of the essential terms of the agreement, which the parties would use to draft the final agreement themselves (or with their counsel). Or, if the parties prefer, I can draft a full proposed settlement agreement for them (and their counsel) to consider and amend as necessary.
Contact The Firm
To schedule an appointment with an experienced Chestnut Hill – Brookline based attorney, fill out my intake form or call me at 617-730-4525. My law firm is open Monday through Friday from 9 a.m. to 5 p.m., with evening and weekend appointments available upon request.