Alternative Dispute Resolution

Arbitration, Mediation, and Alternative Dispute Resolution

OCM is comfortable in any forum, whether it be a trial in state or federal court, an administrative agency, an arbitration proceeding or a mediation.

 

Alternative Dispute Resolution” or “ADR” is a generic term that refers to any form of dispute resolution other than a traditional courtroom lawsuit. The most common forms are mediation and arbitration.

A mediation is an organized form of negotiation, where the parties try to reach a settlement with the help of a neutral facilitator – the mediator. No party can be forced to settle at a mediation. Participation is voluntary and any settlement must be agreed upon by all parties.

An arbitration is a private proceeding that produces a decision from a neutral decision maker or panel of decision makers – the arbitrators. Arbitrators act as judge and jury on the claims in the dispute and reach a decision that is enforceable in court. Parties cannot be forced to arbitrate unless they have signed an agreement to do so (although arbitration clauses are common in contracts and are not always understood by parties when they sign the contract). Once in an arbitration, however, the decision of the arbitrator(s) is generally final and there are very limited grounds to appeal from an arbitration award.

 

OCM’s attorneys are all experienced in conducting mediations and arbitrations as well as pursuing and defending claims in the courtroom. In particular, OCM ADR practice leader, David Mack, is a qualified mediator under Massachusetts Supreme Judicial Court Rule 8.

OCM is comfortable in any forum

O’Connor, Carnathan, and Mack is currently appearing or has recently appeared to represent clients in disputes in, among others, the following courts and administrative agencies:

State Courts and Agencies

  • Massachusetts Supreme Judicial Court
  • Appeals Court of Massachusetts
  • Massachusetts Superior Court, Business Litigation Session
  • Massachusetts Superior Court, Suffolk County
  • Massachusetts Superior Court, Middlesex County
  • Massachusetts Superior Court, Norfolk County
  • Massachusetts Superior Court, Essex County
  • Massachusetts Superior Court, Worcester County
  • Massachusetts Commission Against Discrimination (MCAD)
  • Maine Supreme Judicial Court
  • Maine Superior Court
  • Delaware Chancery Court
  • Delaware Supreme Court
  • Michigan State Court

Federal Courts

  • United States District Court, District of Massachusetts
  • United States Court of Appeals for the First Circuit
  • United States District Court, Central District of California
  • United States District Court, District of Minnesota
  • United States District Court, Southern District of Texas
  • United States District Court, District of Georgia
  • United States District Court, District of New York
  • United States District Court, District of Maine
  • United States Bankruptcy Court, District of Massachusetts
  • United States Bankruptcy Court, District of New Hampshire

Practice Leader

david mack

Team Member

carnathan

Team Member

myslinski

Team Member

kafka

Team Member

stephanie parker

Team Member

calandrelli