REBA Dispute Resolution, Inc. (REBA/DR) offers a full range of dispute resolution services, including case evaluation, mediation and arbitration. Our most popular service is mediation.
Mediation is a voluntary, informal and confidential process in which a neutral “mediator” assists the disputing parties in identifying and discussing issues of concern, exploring various solutions and developing a settlement that is mutually acceptable to them.
Arbitration offers the flexibility, confidentiality, informality, and cost effectiveness of mediation. Unlike the mediator, the arbitrator is a neutral who considers the legal arguments and evidence presented by the disputants and renders a decision. Once a decision has been rendered, that decision may become binding if both parties agree.
Conciliation is a dispute resolution process whereby the parties to a dispute use a conciliator, who meets with the parties both separately and together in an attempt to resolve their differences. The conciliator does this by lowering tensions, improving communications, interpreting issues, encouraging parties to explore potential solutions and assisting parties in finding a mutually acceptable outcome.
Conciliation differs from arbitration in that the conciliation process, in and of itself, has no legal standing, and the conciliator usually has no authority to seek evidence or call witnesses, usually writes no decision, and makes no aware.
Conciliaiton differs from mediation in that in conciliation, often the parties are in need of restoring or repairing a relationship, either personal or business.
A conciliator assists each of the parties to independently develop a list of all of their objectives, and their desired outcomes. The conciliator then invites each party separately to prioritize their own list from most to least important. Thereafter, the conciliator then goes back and forth between the parties and encourages them to "give" on the objectives one at a time, starting with the least important and working toward the most important for each party in turn. The parties rarely place the same priorities on all objectives, and usually have some objectives that are not listed by the other party. Thus the conciliator can quickly build a string of successes and help the parties create an atmosphere of trust which the conciliator can continue to develop.
ABOUT CASE EVALUATIONS
Confidential Case Evaluation permits a party and/or their lawyers to present a summary of their case for neutral review by an experienced lawyer or former judge. The evaluation includes an assessment of the strengths and weaknesses of issues and a non-binding opinion of the likely outcome, if adjudicated. Settlement often occurs after case evaluation, with significant savings in legal costs to both parties.
The Land Court may refer cases to REBA Dispute Resolution (REBA/DR) for a mandatory mediationscreening. During this session, the screener will provide the parties and counsel with information about the REBA/DR program, an overview of the different types of services available, and the many benefits of DR in general. The screener will also discuss the process and details involved in scheduling a DR session, including which neutral to choose, and the timing and costs involved. The parties and counsel are welcome and encouraged to ask any questions they may have.