I will be participating in the New England Chapter of the Association Conflict Resolutionregional conference in June along with Jessica Nagle Esq. discussing the Utilization of ADR in Medical Billing Disputes.  We are both excited to talk about a topic we are passionate about—namely Alternative Dispute Resolution.

 

For those unfamiliar with ADR, it is when conflicts are resolved in a method that does not involve litigation. I would say that all of you have signed an arbitration agreement—cellphones, software and credit card agreements all have arbitration clauses.  Many of you though may not be familiar with mediation. 

 

As a mediator, I can tell you that this should be a go to choice for small businesses and for any time there is a conflict where you are unable to negotiate a resolution.  A mediator serves as a facilitator.  Both sides get to tell their side of the conflict and really understand what the issues are to try to come to an agreement that is mutually beneficial.  I have seen relationships where both parties were angry, then at the end of mediation conclude with a written agreement and the parties walking away on better terms.

 

With mediation you can have a lawyer present or not, since most people feel comfortable discussing from their perspective what is the nature of the issue. If you do not come to an agreement with mediation, you can still go to court, but what was discussed in mediation cannot be used. 

 

If you are in Sturbridge June 14th and 15th, then you are welcome to attend the conference or if you would like more information in our proposal, please feel free to contact me.

Cynthia Pasciuto is an attorney, consultant, mediator and educator in Massachusetts who has taught at Bentley University, NIWH and NESA.