Mediation is a form of Alternative Dispute Resolution (ADR). As a mediator, Valerie Botter meets with both parties to mediate issues in any of the practice areas listed under legal representation. Because she has completed the requisite
amount of mediation training and is a member of the Massachusetts
Council on Family Mediation, communications between Valerie and her mediation
clients are confidential by operation of law. As a result, neither client may call Valerie as a witness in any subsequent litigation in Court. Below are two
types of mediation services that she offers:
TRADITIONAL MEDIATION
As a traditional mediator, Valerie works
directly with couples who have the desire and ability to work together to resolve their issues. Her role is to assist with the creation of their own settlement. Once she provides mediation services to a client, however, she can never
represent that client as an attorney. Valerie recommends that each client obtain a separate
attorney to provide individually tailored legal advice. Some clients choose not to retain an attorney, and in most
instances, that is not a problem.
Mediation can be a healing process
that sometimes involves less conflict and moves faster than traditional legal representation. Mediation is not
for everyone, but if both people have a desire to try mediation,
can both safely articulate their own needs and desires in
the other's presence, both have a relatively similar level
of sophistication when it comes to the issue at hand (whether
it be child-related or financial), and are both confident
that the other person will participate with full financial
disclosure, there's a good chance that mediation will be
successful. Valerie is also comfortable serving as a mediator
with attorneys participating in the mediation, if the clients
so prefer.
When the issue has been resolved in mediation, Valerie prepares an agreement which is filed with the Court together with the other necessary paperwork to bring the matter to judgment. Valerie provides the necessary forms with instructions so clients may file the paperwork themselves with the Court.
CASE EVALUATION AND CONCILIATION
As a case evaluation mediator and conciliator, Valerie meets with both parties
and their attorneys (if they are represented by counsel),
reviews documents provided by them, and offers opinions and
guidance to help the parties settle the unresolved issues. This can be
a very useful tool for a complex case that is headed to
trial with no likely settlement in sight. Trials are expensive
and emotionally draining and should be avoided whenever
possible. Case evaluation and conciliation are forms of ADR that can steer a case away from a trial
and quickly move it toward creative settlement.
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