Alternative Dispute Resolution (ADR)
Many civil disputes can be resolved without the time and expense of traditional civil litigation. The Massachusetts Trial Courts encourage parties in civil cases to explore the option of Alternative Dispute Resolution (ADR). John Tramontozzi is regularly called upon to serve as mediator and arbitrator by his peers to assist in the resolution of some of the challenging cases in the Commonwealth. ADR saves parties involved in disputes the time, expense and uncertainty of going to trial. He delivers superior results using personalized strategies founded on his broad litigation experience in and out of the courts. He is called upon in more complex and contentious cases to render his opinion and move these cases to a less costly resolution.
Arbitration and Mediation
Although there are various types of ADR, the most commonly used processes to resolve disputes are Mediation and Arbitration.
- Mediation: A voluntary, informal, confidential process in which the mediator (a neutral third party) facilitates settlement negotiations. The mediator improves communication by and among the parties, helps parties clarify facts, identify legal issues, explore options and arrive at a mutually acceptable resolution of the dispute.
- Arbitration: The arbitrator hears evidence presented by the parties, makes legal rulings, determines facts and makes an arbitration award. Arbitration awards may be entered as judgments in accordance with the agreement of the parties Arbitrations can be binding or non-binding, as agreed by the parties in writing.
The cornerstone of John’s success in obtaining satisfactory results in the dispute resolution process is to identify the common ground where each of the opposing parties needs can be met.