Langella Dispute Resolution Services - LDRS

I had the privilege of conducting a mediation a few weeks ago that was a mediator's dream (or at least mine)! The parties were $4 million apart between the ask and the offer in what appeared to be a typical commercial dispute. Discovery was all but complete, so each side knew their strengths and weaknesses. Counsel on both sides were top notch and extremely well prepared. Once an emotional obstacle to resolving the case was vetted and addressed, the parties were able to bridge that $4 million gap and settle their dispute.

Mediation is only effective if both sides are willing to talk and consider offers and demands in a reasonable and rational manner. In the educational arena, when a teachers' strike occurs, it’s even more difficult, as there are many people affected other than the teachers who are looking for better pay and other employment-related benefits, as this article shows. Students are affected, parents are affected, and others who rely on an operating school system are affected. With escalating, daily fines being imposed by the court system, this type of situation requires the mediator to discern rather quickly what the true interests are of each side and whether those interests can realistically be addressed/satisfied by the other side. Not an easy thing to do.

Newton teachers' strike continues, school canceled for fourth day Contract negotiations between the school committee and teachers' union are being described as "very far apart."

Attorneys - do you have that one case that's nagging you because there simply is not enough at stake to justify taking the case to trial given the anticipated costs? If so, call us. Mediation is the perfect way to achieve an efficient and cost effective solution.

Check out our website to see the types of disputes we help resolve for others like you and your clients.

https://www.langellaadr.com

If you’re hesitant to use mediation to resolve your dispute, here’s a fun stat for you: mediations have a success rate of 85%.

An 85% chance that you end your dispute in hours or days versus the 23-30 months, on average, that it would take via litigation?

Contact us at 508-397-1999 or [email protected] to start the process today.

I'm sure many of you have been following the actor's and writer's strike in Hollywood. I came across this article from NPR and thought Joshua F. from the Federal Mediation and Conciliation Service did a great job breaking down the positive impact mediation can have when negotiations between the parties themselves have reached an impasse.

Linking the article below and would love to hear your thoughts.

https://www.npr.org/2023/07/13/1187435417/amid-a-writers-strike-contract-between-actors-union-and-major-studies-expires

Amid a writers strike, contract between actors' union and major studios expires NPR's A Martinez talks to the Federal Mediation and Conciliation Service's Joshua Flax about the role of mediators in contract standoffs following last-ditch talks between SAG-AFTRA and major studios.

Does your contract contain a mandatory mediation clause before any party can either sue in court or initiate an arbitration proceeding?

If so, use it to your advantage! Mediation can save you time, energy, expense and aggravation. I've mediated several franchisor/franchisee disputes and other "business divorces" over the years which contained such mandatory clauses - and have had great success. The parties who resolved their claims saved thousands on legal fees and got back to focusing on their business objectives sooner. Those who came close to resolving their dispute still benefited tremendously. They came away with a better understanding of what the key issues would be in the legal proceeding, as well as what the range of potential damages and attorney fees/costs were likely to entail.

Contact LDRS if you have a dispute you think we can help with! Or head to our website for more info: https://www.langellaadr.com

Massachusetts Mediator, Arbitrator | Langella ADR. Tim Langella is a Massachusetts mediator and arbitrator with a unique background as a trial attorney, in-house general counsel and government attorney.

Though the COVID-19 pandemic presented obvious challenges to industries across the board, it also forced the legal world to find creative ways to accomplish the same results. For mediations and arbitrations specifically, the video technology refined during the pandemic has made current proceedings more efficient and cost effective.

LDRS has experience holding proceedings in person, via video conference, and through a hybrid of both formats. So whether you're in the Greater Boston Area or located elsewhere in the US, we can help with your mediation needs. Let's set up a video chat!

Business contracts often have what we call an "ADR" clause - an alternative dispute resolution clause. It can call for various types of alternatives to traditional litigation, but the most common are mediation and arbitration. In many franchisor/franchisee agreements, there is a mandatory requirement to mediate for a certain amount of time (one day, a certain number of hours, etc.) before a party can either sue or initiate an arbitration proceeding.

Choosing a mediator with experience in the franchisor/franchisee field is imperative. Franchise agreements are long, complex and often determinative of what the respective parties' rights and obligations are. A mediator experienced in such disputes can save the parties tremendous time and expense, especially in the preparation for mediation.

LDRS has substantial experience mediatiing complex disputes between franchisors and franchisees, as well as between multiple franchisees. For more information, visit our website at www.LangellaADR.com

Massachusetts Mediator, Arbitrator | Langella ADR. Tim Langella is a Massachusetts mediator and arbitrator with a unique background as a trial attorney, in-house general counsel and government attorney.

Choosing a mediator experienced in your specific type of dispute can be instrumental resolving your claims in an efficient and cost effective manner.

LDRS has experience mediating the following types of complex disputes:

BUSINESS/CONTRACT DISPUTES
PARTNER/SHAREHOLDER DISPUTES
BREACH OF TRUST DISPUTES
EMPLOYMENT RELATED DISPUTES
FRANCHISOR/FRANCHISEE DISPUTES
DISTRIBUTION/LICENSING/ROYALTY BASED DISPUTES
PERSONAL INJURY & PRODUCT LIABILITY DISPUTES
BANKRUPTCY & INSTITUTIONAL BONDHOLDER DISPUTES

Litigating business disputes can be prohibitively expensive. Attorneys' fees can, in some cases, even exceed the amount in dispute.

The solution? Mediation.

A trained mediator can help the parties quickly identify:

1/ The key factual issues in dispute, and
2/ The major legal hurdles that one side or the other will face.

Once this is accomplished, the parties can assess their respective chances of success and reach a confidential resolution - all without spending more on legal fees than the case is actually worth.

When should parties involved in a business dispute turn to mediation?

When all parties are ready to make a rational decision on their respective chances of winning or losing.

In some cases, this can happen before a lawsuit is filed.

In others, it can be after a lawsuit is filed, thousands of dollars in legal fees have been incurred, and both sides have spent long hours wading through boxes of documents and sitting through depositions.

Each situation is different, but if both parties are ready to come to the table, mediation is a way to resolve a dispute in a cost and time efficient manner.

It may seem counterintuitive, but a successful mediation does not have a clear winner and loser.

In a successful mediation, both sides leave the session feeling mutually unhappy. That means that each side had to give a bit more than they wanted in order to get the deal done.

Enjoyed another great day coaching trainees for Metropolitan Mediation Services!

This time, the role-play involved a billing dispute between a bank and a computer consulting firm that incurred substantial expenses the bank didn't want to pay. Like last week's role-play scenario, this was a business dispute. But the interesting piece here was that the two sides were only 1 year into a 10 year contractual relationship. The parties not only needed to reach an agreement over the disputed invoice, but also had to find a way to continue an amicable working relationship for years to come.

My advice to the trainees on this one?

*Address and help clear up any misconceptions in an effort to reestablish trust between the two companies

* Help the parties reach agreement on the current billing dispute that each deems acceptable

* Facilitate discussion and then help establish clear expectations surrounding the issue so that similar disputes don't recur in the future

Today was a blast - I got to coach three trainees in a two hour role-play session involving an emotionally charged family business dispute between a father and son. Just the type of dispute I have substantial experience with.

In 2015, I received my Mediation Training Certification through Metropolitan Mediation Services (MMS) in Brookline, MA. Since then, I've acted as both a volunteer mediator for MMS and as an instructor/coach during MMS training programs put on throughout the year. The role-play session I coached today was part of one of their training programs.

Let's talk about divorce - business divorce, that is.

Business divorce is a term that is used when two or more people are closely involved in a business venture, such as a partnership or closely held corporation, and they want to separate from each other (either voluntarily or involuntarily).

In these disputes, just like in spousal divorce situations, the dispute often contains highly emotional aspects, as well as legal and business/money issues.

A mediator experienced in such cases can help the parties discuss and resolve all the issues in an efficient and effective manner.

Mediation Tip: When looking for a mediator for your business dispute, make sure you research the person's background.

Someone experienced as a successful litigator in the specific area of your dispute is often able to add a unique perspective.

This is invaluable when you're looking for ways to reach a negotiated resolution.

Our specific areas of expertise are outlined on our website at
https://www.langellaadr.com/practice_areas

Massachusetts Mediator, Arbitrator: Tim Langella Tim Langella is a Massachusetts mediator and arbitrator with unique skills perfect for those looking for a mediator or arbitrator in Boston or Massachusetts.

Now is a good time to think about those cases you would like to resolve by the end of the year. What discovery will you need to take so that you and your clients will be prepared for an effective mediation?

Mediators book up fast at the end of the year…

With over thirty years of government, law firm and in-house experience, Mr. Langella is an experienced trial lawyer who has litigated, mediated and/or arbitrated hundreds of claims brought in federal and state courts throughout the country, including Arizona, California, Colorado, Connecticut, Delaware, Florida, Illinois, Maine, Massachusetts, New York, Ohio, San Francisco, Texas, Washington DC, Wisconsin, as well as in Geneva and Singapore.

Tim's broad exposure to complex disputes, including but not limited to those listed in the photos below, provide him with the skills needed to help individuals, entities and attorneys pinpoint the key areas of disagreement and work toward finding solutions that meet the needs and goals of all parties.