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As in most states, Massachusetts law allows parties to choose arbitration, rather than trial in the court system, to reach final resolution of their disputes. Parties agree on an impartial arbitrator with training and experience in the specific area of law involved in the dispute.

Lower Cost: Arbitration is generally considered less expensive than going through the courts. This is particularly beneficial for parties looking to manage their budgets while resolving legal disputes. Confidentiality: Unlike public court hearings, arbitration proceedings are private.

Mediation: Ten Rules for Success Rule 1: The decision makers must participate. Rule 2: The important documents must be physically present. Rule 3: Be right, but only to a point. Rule 4: Build a deal. Rule 5: Treat the other party with respect. Rule 6: Be persuasive. Rule 7: Focus on interests.

Parties not mediating with "good faith" intent to work together to resolve the dispute. Parties not hearing what is said. Parties not willing to separate the person from the problem. Failure to have the right management representative present.

One of the biggest and most common obstacles in mediation is when litigators refuse to budge from their courtroom arguments and conduct themselves as though they are presenting their case to a judge or jury. Mediation and litigation are different, and lawyers' roles in each are too.

The most difficult part of the mediation process is to get people to accept that mediation can be an effective way to resolve their dispute.

The mediator is an unbiased third party who is not meant to represent the interests of either spouse, but rather helps identify areas of interest that the couple should discuss and make decisions about before finalizing their divorce.

Seek compromise, not judgment Stay away from any attempt to fight the other party. Mediation is about negotiations and compromise. Instead of seeking to win the case and defeat your opponent, engage in an open and honest conversation to settle.

Some cases are mediated too early and the parties have insufficient information to make a knowing and informed decision about settlement options. Make sure you have completed essential discovery so realistic assessments can be made about the case and issues involved. 3 . Unrealistic understanding of the risks involved.