The Harvard Mediation Program, A Free Way to Resolve Disputes Without Going to Court!

By Zack Dovitz and Ana Carolina Riella

What is the Harvard Mediation Program?

Founded in 1981, the Harvard Mediation Program (HMP) is a part of the Harvard Negotiation and Mediation Clinical Program at Harvard Law School. Students at Harvard Law and community members provide a free service to the community that allows people to solve their disagreements without actually suing each other and being subject to the various formalities of the legal system.

What is mediation?

Mediation is a voluntary form of alternative dispute resolution (a term used to describe the settlement of disputes that would ordinarily be solved with lawsuits) designed to help parties in a dispute reach their own mutually acceptable solutions.

In HMP mediations, a team of two mediators listens to all sides of the dispute and do not decide who is right or wrong. Instead, they assist the parties involved to reach their own agreement by getting a sense of each person’s perspective, listening to each person’s concerns’, and helping individuals identify mutually acceptable solutions.

In some types of alternative dispute resolution, the parties agree to be bound by the decision of an arbitrator. However, in mediation, the parties to the dispute decide their own outcome. Experience shows that people are more likely to follow through on a solution that they create.

Do I need a lawyer to represent me in mediation?

No, you do not need a lawyer to represent you in mediation. However, you may hire one to represent you if you so wish. Since mediation involves the parties negotiating with each other, a lawyer may be unnecessary at the mediation stage.

Nonetheless, given that mediators act as neutrals that won’t take sides or provide legal advice, parties in mediation are encouraged to consult with an attorney prior to mediation to learn more about their rights and/or duties to the other party.

Why should I consider mediation with HMP rather than simply filing a lawsuit?

In mediation, you control the outcome, not a judge. Mediation offers numerous other advantages as well. With a particular focus on HMP, some of those benefits include:

1. Free of charge. HMP does not charge its clients anything. Even if one wanted to sue somebody and proceed pro se (without hiring a lawyer), there are filing fees associated with a traditional lawsuit.

2. Voluntary. Unlike a lawsuit, mediation is mutually agreed upon and may enable the disputing parties to maintain a better personal relationship.

3. Confidential. Except in very rare circumstances, mediators are bound by confidentiality. Although many civil cases settle before going to trial, once a trial begins, it will usually be observable by the public. You will not see any stories in the newspaper about what happened in mediation.

4. Positive and forward looking. By mediating and crafting an agreeable settlement, the parties work together. Contrast this with the typical stereotype of a lawsuit playing out in court–a lawyer standing up and shouting “Objection!”, a judge repeatedly banging her gavel, tough-looking bailiffs observing the room closely– and the advantage of mediation may become clearer.

5. Quick. Courts are typically overwhelmed, and proceedings may be delayed and delayed by various procedural mechanisms. Mediation can begin and end before the parties would have even received their court date.

6. Supplemental to other options — If the mediation does not settle the dispute, parties retain the right to pursue the matter through other channels at all stages. By trying mediation, you are not giving up any rights.You’ve got nothing to lose.

Still unconvinced? HMP’s website lists these benefits and even more.

What types of disputes are right for mediation?

Most civil disputes, and even some nonviolent criminal matters, can be settled in mediation. Since mediation requires parties to negotiate an outcome, the parties must be willing to work with each other, rather than against each other. With that basic consideration in mind, mediation is suitable to many types of disputes, such as consumer complaints, landlord/tenant issues, family disagreements, roommate problems, community concerns, etc.

HMP also mediates small claims, eviction, and harassment prevention orders cases in several courts in Greater Boston.

I would like to give mediation a try. What do I do?

If you decide to try mediation, contact the program’s Outreach & Case Coordinator, who will help you decide whether mediation is appropriate in your case. Provided both parties are willing to try it, the Outreach & Case Coordinator will set up a mediation session at a time and place convenient to you with two trained volunteer mediators from HMP. Her contact information is below:

Ana Carolina Riella, Outreach & Case Coordinator, Harvard Mediation Program

(617)495–1854 | [email protected] | law.harvard.edu/academics/clinical/hmp

JustiServ.com | Twitter | Facebook