Mediation is the core of the services provided by BDRS, but we
also provide conciliation, case evaluation, and business
facilitation. Each of these services uses a process that is
voluntary, confidential, and informal.
Areas of Focus
At BDRS, our mediation and other ADR services focus on
litigation (and claims or disputes likely to end up in litigation if
not resolved) involving a number of substantive areas.
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Mediation
Mediation is a process where an impartial third-party—the
mediator—assists the parties in reaching a resolution of their
dispute. Although the mediator guides the process, the
mediator is not acting as a judge, arbitrator, or fact finder. The
parties—not the mediator—decide how the dispute will be
resolved.
Mediation is a way to resolve disputes that are in litigation, and
to avoid the need to resort to court altogether. Unlike
litigation, mediation is a timely and cost-effective process that
enables parties to resolve their disputes and achieve certainty.
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Conciliation
Conciliation is a process where a neutral third party—the
conciliator—assists the parties in clarifying and seeking to
resolve issues—substantive, procedural, or both. It is used
primarily for cases already in litigation. Conciliation differs
from mediation in that the goal is not to resolve the dispute in
its entirety—although that could happen—but, rather, to seek
solutions for intermediary issues or minor aspects of claims.
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Case Evaluation
Case evaluation is a process where parties present their cases
to a neutral third party—the case evaluator—in order to obtain
that person’s feedback and opinion as to the strengths and
weakness of their respective cases, and a non-binding opinion
as to how the case should be resolved. Because the case
evaluator expresses opinions and reactions to each party’s
case in an effort to draw the parties closer to resolution, this
process is sometimes referred to as directive mediation.
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Business Facilitation
There are times when parties are not engaged in a dispute,
but, to the contrary, are seeking to reach agreement on a
desired business transaction. Despite their mutual desire to
get the deal done, however, they may experience hurdles, and
may benefit from the involvement of a neutral third party.
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BOSTON DISPUTE RESOLUTION SERVICES
Common Problems. Uncommon Solutions.
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