Welcome to
NorthEast Mediation &
Arbitration, LLC


WOULD YOU RATHER GAMBLE...OR BE CERTAIN?


www.northeastmediation.com

617-328-8888

Meet Attorney Dennis J. Calcagno, Esq.

About NorthEast Mediation & Arbitration, LLC

     With the right mediator or arbitrator, everybody wins….because nobody will lose!  Conversely, losing is possible with every case that goes to trial.  There’s more money at stake.  Relationships, reputations, and livelihoods are at risk. 


     For twenty-five years, practicing as a mediator and arbitrator, this has been my experience.  As the owner of NorthEast Mediation & Arbitration, LLC (NEMA), an alternative dispute resolution practice (ADR), I have successfully mediated disputes with a settlement success rate in excess of 95%, involving diverse legal issues including civil litigation, personal injury, negligence, employment, medical and legal malpractice, wrongful death, sexual abuse, products liability, divorce, family, and probate, automobile and UM cases, real estate, premises, property, business, and commercial.  I also have experience mediating cases involving insurance coverage, civil rights, police misconduct, maritime accidents, first party property and casualty reference hearings, government, and complex multi-party litigation.


     Alternative Dispute Resolution (ADR) is often the best chance to work out a structured settlement and non-monetary considerations that can enhance a settlement’s value, and provide a plaintiff with benefits that a law suit generally does not provide.  ADR provides quick resolution, and often resolves claims for much less than the total cost of traditional jury trial.  Claims are resolved with the assistance of a mediator, who is experienced in evaluation of such claims, thus bringing such cases to fair resolution.


     In addition to alternative dispute resolution services, NEMA offers focus group and consultation services, case evaluations, and trial strategy recommendations.  I work with you to determine the best resolution method that suits your client’s needs.  What do you have going to pre-trial conference or trial in the next few months? 


     Call NEMA to discuss mediation and arbitration options to avoid a risky and expensive trial.

Additional Information About Dennis

     Attorney Dennis J. Calcagno, Esq. was born in Quincy, Massachusetts. He is a 1975 graduate of Northeastern University and a 1985 graduate from New England Law, both in Boston. He has worked as an attorney in private practice with other associates, concentrating in matters of civil litigation, civil rights, and personal injury trials.


     He is a member of the Massachusetts Bar Association, the Massachusetts Academy of Trial Attorneys, and the Massachusetts Defense Lawyers Association. He has been a contract mediator for the U.S. Equal Employment Opportunity Commission since 2000. Attorney Calcagno was considered the top mediator by and for the U.S. District Court in Boston, during his participation in 2006 to 2008. In 2002, he completed the Harvard Law School’s program on negotiation and mediation.


     Attorney Calcagno is a frequent speaker on alternative dispute resolution techniques and strategies at New England Law and Suffolk Law School, in Boston. He is also a former Special Agent for the Bureau of Alcohol, Tobacco, and Firearms (ATF). He is a former Florida City police officer.


     Other notable posts and achievements include:


· Former professor – Mediation Skills at New England Law 

· U.S. Naval Academy Blue and Gold Officer

· Master 100 Tons U.S. Coast Guard Captain’s License (2009)

· 2007 Boston Marathon finisher

· 2005 Ironman Germany Triathlon finisher

· 2004 Escape from the Rock (Alcatraz) Triathlon finisher

· Sailboat racing

· Power boating

· Fishing

· Golfing

· Ocean swimmer

· Motorcycle enthusiast

· Snow skiing

· Musician 

· Cigar aficionado

NEMA Partners

Services

Consider mediation your best alternative to litigation.

Mediation

     Mediation offers parties in conflict, or involved in a lawsuit, a unique opportunity to resolve their dispute by agreement, without the necessity of going to court. This type of alternative dispute resolution (referred to as 'ADR') is facilitated by a mediator, who assists the parties in evaluating the strengths and weaknesses of their case or position, in order to find a solution that works for everyone. The mediation process is completely voluntary and confidential. The parties retain complete control over the terms of the settlement. Voluntary agreements may be drafted as legally binding contracts or stipulations.


     A typical mediation session begins with a joint session, at which time the parties present their views of the dispute. After each side has had an opportunity to tell their side of the facts, this is usually followed by an individual session with the mediator. These individual sessions are completely confidential and allow the parties to speak freely to the mediator about aspects of the case they do not want the opposing side to be aware of. These sessions tend to be more relaxed and allow parties in conflict to bring up other issues, which would not be considered relevant in a court proceeding.

Arbitration

     Arbitration is less formal than a traditional court trial, yet typically provides the same result. It is an evidentiary hearing where both parties may present witnesses and submit documentary evidence to determine legal rights and responsibilities. The arbitrator, usually an attorney or retired judge with significant experience in the area of law related to the case, reviews the evidence, hears testimony from the parties, and renders a decision within a specified time period. This process is completed without the delays and costs associated with litigation. Most arbitration decisions are legally binding and are enforced in the same manner as a judgment of a civil court. Arbitration judgments are final and not subject to a lengthy appeal process.  Types of arbitration include:


HIGH/LOW ARBITRATION

  Without disclosure to the Arbitrator, parties agree in writing to a minimum and maximum arbitration award. After hearing the case, the decision of the arbitrator is binding, but can be no greater than or less than the minimum and maximum amounts agreed upon earlier by all parties. For example, the agreed upon high/low parameters are $5,000.00 (low) and $50,000.00 (high). If the Arbitrator awards $65,000.00 to the Plaintiff, the award is “capped” at $50,000.00 (high parameter). Alternatively, if the Arbitrator awards $1,000.00, the Plaintiff would receive $5,000.00 (low parameter). Any award rendered between the High/Low parameters would be the figure actually awarded. This type of arbitration offers a “safety net” to all parties. High/Low parameter agreements are often determined by the last offer and demand made between the parties.


TRIBUNAL

  A panel of three Arbitrators conducts an arbitration hearing, reviews submitted evidence, and collectively makes a final decision or award.

Case Evaluation and Consultation

       Case evaluation and consultation offers a comprehensive file review, and a fresh, unbiased perspective of the claim.  These services also provide in-depth analysis of the strengths and weaknesses of both sides of the dispute, along with fair settlement value ranges.  I frequently offer suggestions that are very helpful or act as a checks and balances on the current assessment/evaluation of the pending matter.  On a few occasions, I’ve been hired to participate in an actual mediation, to give insight as to the approach that the mediator may take with the other side. 


     The vast majority of all civil suits are settled prior to trial.  Effective negotiation is the least expensive form of file resolution.  Multiple factors affect the value of a claim, not the least of which is a jury’s ignorance to the proper valuation of monetary damages.

     

Practice Areas

Personal Injury


      The outcome of personal injury trials in Massachusetts is next to impossible to predict. Every attorney has war stories of cases they should have won, but lost.  Additionally, juries have no way of evaluating monetary damages.  It is entirely within the realm of possibility that one can win and lose within the same verdict.


     Cost is a huge factor in any civil litigation case.  Attorney and support staff time devoted to trial preparation can be staggering.  Discovery costs (depositions, expert opinions, testimony and fees) for personal injury cases cuts into the end result for both sides.  These costs are passed on to the client.


     Mediation of personal injury matters is the safest, most cost effective alternative to filing civil suit.  It has been estimated that with early mediation, 80% of cases that would otherwise be litigated are settled with only the preparation and costs equivalent to paying for a single deposition.  Mediation allows both sides the opportunity to meet in a neutral setting and see the strength and weaknesses of their own case through the eyes of opposing counsel. It also offers the time to consider the cost/benefit analysis of proceeding with a risky trial.  Civil litigation can delay settlement of personal injury cases for years.  On average, court dockets for these cases extend eighteen months to two years from complaint filing to jury trial.


Motorcycle Accidents


     With Massachusetts state safety certifications and practical motorcycle experience, mediation of such cases is effectuated comprehensively.


Business Partnerships


      Business disputes typically take the form of partnership break-ups and equitable disbursement of business assets and liabilities.  Mediation often resolves disputes with no seemingly workable solution.  NEMA has successfully resolved hundreds of business disputes, to the mutual satisfaction of both parties. 


Employment, Discrimination, and Harassment


      NEMA has handled hundreds of employment cases on behalf of businesses and as a contract mediator for the U.S. Equal Opportunity Commission.  I have had numerous successes with settlement resolutions, mediating with state and federal agencies and human resource departments in small companies to large corporations.  Specific areas within this practice include:


  • Workers Compensation
  • Breach of Contract
  • Non-Compete Agreements
  • Wrongful Discharge
  • Disability Discrimination
  • Staff Conflicts
  • Departmental Conflicts
  • Multi-Party Conflicts
  • Disputes with Other Businesses or Organizations
  • Partnership Dissolution


Commercial and Residential Real Estate


     Fifteen years as a commercial real estate owner has provided the insight needed to resolve many complex real estate cases.  Additionally, where these have involved arson and the causes of fires, past experience as an ATF Special Agent in this area has lead to effective conflict resolution.


Civil Rights


     Claims of civil rights violations fall under the jurisdiction of federal courts.  Police claims, such as misconduct, excessive force, and unlawful imprisonment or arrest are frequently resolved through mediation.  Violations of the ADA (Americans with Disabilities Act) also fall under civil rights claims. 

     

     The nature of these matters is extremely personal, with strong emotional undercurrents to such claims.  Litigation of civil rights claims is a long process.  Discovery expenses run high, and, unlike a physical injury claim, monetary damages are difficult to calculate, even by experienced attorneys.  Juries have no means of determining an award for damages, and so monetary awards are sometimes arbitrary.  Many federal court judges and magistrates insist on mediation as a pre-trial requirement.  Often, monetary damages are not all, or even the most important consideration to litigants.


     Many times, there are multiple parties to civil rights actions.  A diplomatic mediator, with skill in this highly specialized area, will take into account the perspective and needs of each participant, and work with the parties to bring about a self-determined resolution of the claim. 


     Successful mediation of civil rights claims involves creative solutions, as well as negotiation of monetary damages. A mediated settlement agreement eliminates the possibility of years in litigation and appeals.  Most importantly, it brings closure to the parties.


Admiralty and Maritime 


     Admiralty  and Maritime law falls under the jurisdiction of federal courts, but are generally filed as civil actions seeking monetary damages.  These claims include maritime contracts, as well as collisions, storm damage, vessel insurance claims, and passenger injuries, that occurred on a sea vessel.  Mediation can bring about timely and cost effective resolution of a matter that might otherwise spend years in federal court litigation.  Claims under the Jones Act may also be mediated.  With practical experience and extensive personal knowledge of maritime law, including cases involving the Jones Act, hundreds of admiralty claims have been successfully mediated.


Wrongful Death


     In the unfortunate circumstance where an injury results in death, I have the experience in successfully mediating these emotional and stressful cases, and mitigating the strained dynamics affecting the loss suffered by family, friends, and the parties involved. 


Medical Malpractice


      Mediation of medical malpractice lawsuits delves into the issues of the negligence of medical professionals.  Whether that person is a doctor, nurse, radiologist, pharmacist, or any other healthcare professional, the mediator works closely with all concerned parties to establish the patient’s injury and consequential damages.  Medical malpractice cases are routinely resolved through the mediation process. 


Divorce


     As an alternative to an expensive divorce proceeding, many times parties will agree to mediate the dissolution of their marriage, to allocate assets and effectuate child visitation schedules.



Scheduling and Fees

Standard Mediation Session or Arbitration Hearing


          Parties may schedule mediation session time in either ½ day or full day (9:00am - 5:00pm) blocks. Please contact our office to discuss flexibility for ½ day (morning or afternoon) sessions. Please contact our office for fee schedules regarding out-of-state, multi-day, multi-party, or complex mediation matters.  Accommodations for weekend sessions are available.


     The standard fee for a mediation session or arbitration hearing of up to two hours is $550.00 per party.  If more time than two hours is required for a mediation session or arbitration hearing, each additional hour of service will be billed at $200.00 per hour for each party. Such additional charges include any necessary review of documents.  If requesting a full day arbitration or mediation, the fee will be $1,750.00 per party.  All fees are payable in advance of the scheduled mediation session or arbitration hearing. 

Three Member Panel Arbitration Hearing

     If the parties choose to have their dispute heard by a panel of three arbitrators, our fee for an arbitration hearing of up to two hours is $995.00 per party. If more time than two hours is required, each additional hour of service will be billed at $350.00 per hour for each party. Such additional charges include any necessary review of documents by the neutral(s). All fees are payable in advance of the scheduled arbitration hearing. 

Evaluation Analysis Scheduling

     A party may desire to have their case evaluated. This is an in-depth analysis of the strengths and weaknesses and ranges of potential settlement of an individual case. This evaluation fee is $695.00 for a two hour minimum with each additional hour of service to be billed at $295.00 per hour.

Travel

     Travel time for sessions held outside of the Metro Boston and South Shore area will be billed at $125.00 per hour.

Payment Policy

     Each party's fee is due ten business days before the first session.  Checks are made payable to Northeast Mediation & Arbitration, LLC (Federal ID: 51-0612252).  Payments made by VISA credit card, with applicable fees, are also available.  Unless otherwise instructed in advance, all billing will be directed to counsel.  Counsel and parties are jointly responsible for payment of all fees.

Cancellation and Postponement Fees

     Cancellation and postponement fees are applicable beginning when a matter has been confirmed to the parties for session, in writing, via email, facsimile, and/or regular mail.  Standard sessions postponed within ten business days from the scheduled session are billed $275.00, and postponements more than ten  business days from the scheduled session are billed $100.00. All postponement fees are billed to the party requesting postponement.


     In the event that a session is cancelled and not rescheduled within ten business days of the scheduled session, the full standard hearing fee of $550.00 is payable by each party. Cancellations more than ten business days from the scheduled session are billed at 50% of the standard hearing fee of $275.00, payable by each party.  This applies to both settled and unsettled cases.  In the event that a full day session is cancelled within ten business days, the full fee of $1,750.00 per scheduled session day is payable by each party. Cancellations more than ten business days and less than twenty business days are billed at $875.00 per party.


Fees are subject to change.

Rules of Mediation and Arbitration

General Rules, Mediation Rules, and Arbitration Rules

I. General Rules

 1. Application of Rules – These Rules govern all proceedings by Northeast Mediation & Arbitration, LLC (hereinafter “NEMA”). When submitting a case for arbitration or mediation, the parties agree to be bound by these Rules.

  § Conciliation – The voluntary submission of a dispute to mediation or arbitration.

  § Conciliator – A Mediator or Arbitrator.

  § Agreement – Written agreement signed by the parties submitting a dispute to mediation or arbitration.

  § Mediation – The process whereby a neutral third party listens to both sides of a dispute and assists the parties in settling the dispute.

  § Arbitration – The process whereby an Arbitrator(s) listens to testimony regarding a dispute and renders a legally binding decision.

  § A person or party – Includes an individual or an entity, corporate or otherwise.

 2. Commencing Conciliation – Arbitration and/or mediation shall commence only after the parties sign (1) an Agreement to either arbitrate or mediate with NEMA and (2) a case submission form, which shall contain a statement of the issues and facts surrounding the dispute and the claims and remedies that the parties seek.

 3. Selection of Conciliator – Upon submitting a case to NEMA, the parties shall jointly agree upon the selection of a Conciliator.

 4. Time and Place of Conciliation – NEMA shall schedule all conciliations and mail scheduling notices to all parties.

 5. Stipulations Any stipulation or agreement by the parties affecting the proceedings shall have binding effect.  Any modification to a stipulation or agreement must be in writing and signed by all parties to the stipulation or agreement.

 6. Representation by Counsel – A party may represent him- or herself or be represented by an attorney at any mediation or arbitration. NEMA serves only as an impartial mediator or arbitrator and will not represent any party nor provide any party with legal advice.

 7. Confidentiality – All communication that occurs during the conciliation process is treated as settlement negotiation and is strictly confidential and inadmissible for any purpose in a court of law, with few exceptions. This rule extends to all oral and written communication by the parties or by the Conciliator, including but not limited to all records, reports, letters, notes and other documents received or produced by the Conciliator as part of the conciliation process, with the exception of those documents that existed prior to the conciliation process and were otherwise open to discovery apart from the conciliation process. The Conciliator may not be compelled to divulge any documents or to testify in regard to the conciliation process in any judicial or adversarial proceeding whether by personal testimony, deposition, written interrogatory or sworn affidavit. Mediated settlement agreements and arbitration decisions shall be confidential unless all parties to a dispute sign a written waiver of confidentiality, or unless an agreement or decision must be filed with a civil court for purposes of enforcement. If an arbitration decision is appealed pursuant to statute, the Arbitrator, upon written request from a party, shall furnish to such party, at the party’s expense, certified copies of the arbitration decision and the Agreement to Arbitrate, which may be required in judicial proceedings relating to the Arbitrator. The Conciliator may divulge appropriate and necessary information under the following circumstances:

   1. When, as part of its normal office operations, the Conciliator consults with its staff or outside experts regarding particular issues or problems related to a case;

   2. When compelled by statute or by a court of law;

   3. When an arbitration decision has been contested or appealed;

   4. When an action has been brought against the Conciliator as a result of its participation in a conciliation case; and

   5. When the Conciliator deems it necessary to contact appropriate authorities to prevent another person from being harmed. Under these circumstances, the parties agree to waive confidentiality and agree that the Conciliator will not be liable for the release of this information.

     Despite these confidentiality requirements, some of the information discussed during the conciliation may not be confidential as a matter or law or may be discoverable outside the conciliation process and used in other legal proceedings. In such cases, the Conciliator will not be liable for the release of this information.

     No judicial proceeding by a party relating to the subject matter of the arbitration shall be deemed a waiver of a party’s right to arbitrate.

     Neither NEMA nor any Arbitrator in a proceeding under these rules is a necessary party in judicial proceeding relating to the arbitration.

     Parties to these rules shall be deemed to have consented that judgment upon the arbitration award may be entered in any federal or state court having jurisdiction thereof.

 8. Impartiality of Conciliators – Conciliators shall not have a personal or financial interest in the outcome of the dispute. Prior to the conciliation, the Conciliator shall disclose to the parties all facts that may create a presumption of bias or conflict of interest. If such facts exist, either party may request that the Conciliator withdraw from mediating or arbitrating the dispute.

 9. Settlement – If, after an arbitration hearing/proceeding, but prior to issuance of the Arbitrator's decision, the parties reach a settlement agreement, the parties shall notify the arbitrator and no written decision will issue.

 10. Postponements – The Conciliator may, for good cause shown, postpone the hearing upon request of a party or may postpone the hearing upon his/her own initiative, giving notice to all parties in advance of the hearing. Postponements made at the request of a party are subject to the fees stated in the NEMA Fee Schedule.

 11. Extensions of Time – The parties may modify any period of time by mutual agreement. NEMA may, for good cause, extend any period of time established by these rules. NEMA shall notify the parties of any such extension and its reason therefore.

 12. Application of Law – Conciliators shall take into consideration any state, federal or local laws that the parties bring to their attention.

  

II. Mediation Rules

 1. Purpose – The purpose of mediation is to facilitate the ultimate resolution and agreement between the parties regarding the issues, problems, and disputes presented in mediation.

 2. Proceedings – A mediation meeting will normally include: 1) An introduction and opening; 2) Statements by each party clarifying the issues involved; 3) The presentation of each party’s claims, defenses and witnesses, as well as an opportunity for the other party to respond 4) Questioning by the mediators; 5) A discussion of appropriate solutions to the dispute; and 6) Agreement on a solution. If the parties cannot reach a voluntary agreement, the parties may discontinue the mediation and pursue other remedies or, by unanimous agreement, may submit the dispute to arbitration.

 3. Separate Meetings with Parties – The Mediators may meet separately with any party during the course of the mediation to discuss possible resolutions to the dispute.

 4. Written Agreement – The Mediator shall prepare a written agreement stating any settlement agreed to by the parties during mediation. The agreement shall be legally binding if, and only if, the parties or their attorneys reduce it to a contract or stipulation that is signed by all parties.

 5. Termination of Mediation Session – If the Mediator concludes that agreement is not possible or that continuation of the mediation process would harm or prejudice one or both of the participants, the Mediator shall withdraw and the mediation shall conclude.

 6. Expenses Each party is responsible for its own expenses associated with attendance at the mediation and submission of documents or other items to the Mediator. All other expenses of the mediation, including required travel or other expenses of the Mediator and of NEMA representatives, shall be borne equally by both parties, unless they agree otherwise.

  

III. Arbitration Rules

 1. Discovery – The scope and deadlines for any pre-hearing discovery shall be determined by agreement of the parties. If the parties are unable to agree on pre-hearing discovery, the parties shall submit a motion for discovery with opposition to NEMA and the Arbitrator will rule upon the motion and issue a discovery order. The Arbitrator shall provide for an oral hearing on discovery disputes when requested by any party to any arbitration.

 2. Opening Statements – At the commencement of the arbitration, each party shall present an opening statement describing the issue to be arbitrated.

 3. Order of Proceedings – The claimant shall be the first to submit its claims, proofs and witnesses by direct testimony. At the end of each witness’ testimony, the opposing party shall be allowed to cross-examine the witness. At the close of the claimant’s case, the opposing party will submit its claims, proofs and witnesses by direct testimony. At the end of each witness’ testimony, the claimant shall be allowed to cross-examine the witness. At the close of the opposing party’s case, the Arbitrator shall declare the hearing closed. If briefs or other documents are to be filed, the hearing shall be declared closed as of the date set by the Arbitrator for the receipt of briefs or other documents. All post-hearing briefs shall be filed with NEMA for transmission to the Arbitrator. All parties shall be afforded an opportunity to examine such documents.

 4. Oaths – The Arbitrator has discretion to require parties or witnesses to testify under oath. Oaths may be administered by the Arbitrator.

 5. Stipulations Any stipulation/agreement by the parties affecting the proceedings shall have binding effect.  Any modification to a stipulation/agreement must be in writing and signed by all parties to the stipulation/agreement.

 6. Evidence – The Arbitrator shall determine the relevance and materiality of the evidence offered. Submission of evidence may not need to conform to the legal rules of evidence. Without limitation, written documents and records should be exchanged between the parties at least ten (10) business days before the hearing date. The Arbitrator may subpoena witnesses or documents and may do so upon the request of any party or independently. The Arbitrator shall take evidence in the presence of all parties, unless a party has defaulted or has waived the right to be present.

 7. Witnesses – The Arbitrator shall have the authority to exclude any witness, other than a party, during the testimony of another witness. Any party intending to offer any medical report, medical bill or other medical records as evidence may do so at the hearing. Rebuttal medical evidence may also be offered at the hearing. The Arbitrator may receive and consider the evidence of witnesses by affidavit, but shall give it only such weight as the Arbitrator deems it entitled to after consideration of any objection made to its admission.

 8. Decisions – The Arbitrator shall render a written decision (award). The decision shall be issued within fifteen (15) business days of the hearing.

 9. Settlement – If, after an arbitration hearing/proceeding, but prior to issuance of the Arbitrator's decision, the parties reach a settlement agreement, the parties shall notify the arbitrator and no written decision will issue.

 10. Reopening of Hearing – The hearing may be reopened by the Arbitrator or by motion of either party at any time before the award is made.

 11. Interpreters and Stenographic Record – NEMA does not provide interpreters or stenographers. Any party requiring an interpreter or stenographer must schedule such services, pay for such service, and notify NEMA and the other parties that such services have been retained prior to the scheduled hearing. If a stenographic transcript of the hearing is made, it must be made available to the Arbitrator and to the other party for inspection at a time and place determined by the Arbitrator.

 12. Communication with Arbitrator – All direct communication between the parties and the Arbitrator are prohibited, with the exception of arbitration hearings and discovery motions. Any other oral or written communication from the parties to an Arbitrator shall be directed to NEMA for transmission to the Arbitrator.

 13. Expenses – Each party is responsible for its own expenses associated with witness testimony and submission of documents or other items into evidence. All other expenses of the arbitration, including required travel and other expenses of the Arbitrator and of NEMA representatives and the expense of any witness and cost of any proof produced at the direct request of the Arbitrator shall be borne equally by both parties unless they agree otherwise or unless the Arbitrator in the award assesses such expense or any part against any specified party or parties.

 14. High-Low Arbitration – The parties may by agreement limit the range of any award made by the Arbitrator. The agreement for high-low arbitration shall be in writing and signed by the parties or their representatives. The agreement shall contain the minimum amount of any award (the low) and the maximum amount of any award (the high).

 15. Withdrawal – A party may not withdraw from arbitration without the written consent of all other parties who signed the arbitration agreement.

 16. Service of Notice – With the exception of the demand, which shall be served by U.S. certified mail/return receipt requested, each party shall be deemed to have consented that any papers, notices, or process necessary or proper for the initiation or continuation of an arbitration under these rules, for any court action in connection therewith or for the entry of judgment on any award made under these rules may be served upon such party by mail addressed to such party or its attorney at the last known address or by personal service, provided that reasonable opportunity to be heard with regard thereto has been granted to such party. The parties agree that communication received from each other or NEMA via facsimile machine, telex, telegram or other written form of electronic communication are valid and proper notice under these rules.

 17. Waiver of Rules – Any party who proceeds with Arbitration after knowledge that any provision or requirement of these rules has not been complied with and who fails to state an objection in writing shall be deemed to have waived the right to object.

  

Mediation and arbitration finds hidden issues for the benefit of both parties.

Mediation and arbitration finds hidden issues for the benefit of both parties.

Mediation Philosophy

     Conflict resolution doesn't come naturally to most people. Webster’s dictionary defines mediation as ‘the act or process of mediating; especially intervention between conflicting parties to promote reconciliation, settlement, or compromise (Italics added). 


     A good mediator hears what a party has to say, and, more importantly, listens for what is not said. Listening improves your ability to understand others, even if you can’t agree with everything others say or do, your willingness to listen demonstrates respect.   


     The term ‘Alternative Dispute Resolution’ sounds like a New Age trend, but I promise you, it’s not. What ADR does is allow the parties, with the help of a mediator, to come to their own resolution for civil disputes, rather than put the whole matter in the hands of a judge or a jury who doesn’t know or care about the people involved in the action. I’ve undertaken mediations that settled six months after the initial session.  Myself and the parties were heavily invested in the mediation process, and we all knew they had a lot to lose if the dispute went to trial and the jury didn’t see things their way.  In such situations, it is critical to apply a 'never give up' disposition.


     Mediation is the only time in civil litigation that the parties control the outcome of their case.  Consider mediation your best alternative to litigation.

    Before you leave the matter in the hands of a judge or jury, I would recommend that you ask yourself these three simple questions:
 

  1. How do you see the situation? 
  2. What do you want to see happen? 
  3. What's going to have to take place for that to happen?

My 'never give up' approach equally applied during the challenging IronMan Triathlon in Germany.

My 'never give up' approach equally applied during the challenging IronMan Triathlon in Germany.

Testimonials

      Having successfully negotiated the successful resolution of thousands of claims, Attorney Calcagno's track record is unparalleled.  His experience in all forms of alternative dispute resolution offers clients invaluable insight to the negotiation and mediation processes.  Below are the accolades received by participating attorneys and their parties.

"Excellent work on your part, Dennis Calcagno was both professional and entertaining. Well done, indeed!" 

"Just wanted to give you a heads up. We had a mediation today on client’s case. The mediator was Dennis Calcagno. He came highly recommended and did a very good job. Should keep him in mind in the future for doing more medical malpractice cases. Best of all, he's from Quincy."

 "I have had three or four arbs with you but yesterday was the first Mediation. Your preparation was miles beyond what I have ever experienced in the scores of mediations I have been involved in. It is usually an hour or longer into the process before the mediator knows what the claim is about. In my opinion, your preparation went a long way toward getting this to the finish line. You were terrific!" 

"When I tell you this guy was the most difficult client that I’ve dealt with in years, it is not an understatement. Needless to say, you did a great job."


"Thanks for your help yesterday.  I’m glad that we got that one resolved to my client's satisfaction.  As always, great job!"


 "It was a pleasure meeting you today at the mediation for my sister. It was a very intimidating experience for her, and you made her feel comforted and supported.  I've learned that that's a skill that only comes from sincerity. Thank you for making a difficult day more bearable for her."

References

     

     Northeast Mediation and Arbitration, LLC is pleased to have worked with many law firms, courts, and legal departments throughout New England. The following is a partial list.  


  • Adler, Pollock & Sheehan, P.C.
  • Baker and Abraham, P.C.
  • Bonner, Kiernan, Trebach & Crociata, LLP
  • Bowditch & Dewey, LLP
  • Boyle, Shaughnessy & Campo, P.C.
  • Brody, Hardoon, Perkins & Kesten, LLP
  • Burns & Levinson, LLC
  • Byrne & Drechsler, LLP
  • Cetrulo & Capone, LLP
  • Clinton & Muzyka
  • Colucci, Colucci, Marcus & Flavin
  • Conn Kavanaugh Rosenthal Peisch & Ford, LLP
  • Corrigan, Johnson & Tutor
  • Cosgrove, Eisenberg & Kiley, LLP
  • Coughlin Betke LLP
  • Craig & Macauley
  • Crowe & Dunn, L.L.P.
  • Curley & Curley
  • Davids & Cohen
  • DiMento & Sullivan
  • Donovan & Hatem, LLP
  • Doyle & Moscardelli
  • Duggan & Caccavaro
  • Eckert, Seamans, Cherin & Mellott, LLC
  • Edwards Wildman Palmer LLP
  • Edwards, Angell, Palmer & Dodge, LLP
  • Engelberg Bratcher & Kenner
  • Epstein, Lipsey & Clifford
  • Esdaile, Barrettt & Esdaile
  • Ferriter & Costello
  • Ferriter, Scobbo & Rodophele
  • Ficksman and Conley, LLP
  • Finbury, Sullivan & Benger, PC
  • Finnegan Underwood Ryan & Tierney
  • Flynn Wirkus Young, P.C.
  • Foster and Eldridge, LLP
  • Fuller, Rosenberg, Palmer & Beliveau, LLP
  • Gallagher & Cavanaugh
  • Griffin & Goulka
  • Hinshaw & Culbertson, LLP
  • Hirsch Roberts Weinstein, LLP
  • Horn & Lauretti
  • Hrones, Garrity & Hedges
  • Iannella & Mummolo
  • John Studley Law Offices
  • Kerstein, Coren & Lichtenstein, LLP
  • Kopelman & Paige, P.C.
  • Law Office of Joseph G. Abromovitz, P.C.
  • Law Offices of Charles Corcoran
  • Law Offices of James Breen
  • Law Offices of Kenneth Homsey
  • Law Offices of Scott D. Goldberg, P.C.
  • Law Offices of Susan B. Hulme
  • Law Offices of Thomas Niarchos
  • Leavis & Rest, P.C.
  • Litchfield Cavo LLP
  • Lynch & Lynch, PC
  • Manelis & Berensen
  • Marlenga & Marlenga
  • Mazow & McCullough, P.C.
  • MBTA Law Department
  • McDonough, Hacking, & Lavoie, LLC
  • McGovern, Snyder & Ganem, P.C.
  • Meehan, Boyle, Black & Bogdanow, P.C.
  • Melick & Porter, LLP
  • Merrick, Louison Costello, LLP
  • Merrigan & Merrigan
  • Milton, Laurence & Dixon
  • Mintz Levin Cohn Ferris Glovsky Popeo
  • Mitchell & DeSimone
  • Morgan, Brown & Joy
  • Morrison Mahoney, LLP
  • Morrissey & Oatway, PC
  • Murphy, Hesse, Toomey & Lehane, LLP
  • Murray & Murray
  • Neville & Kerr
  • Olenn & Penza, LLP
  • Pierce & Mandell PC
  • Pierce, Davis & Perritano, LLP
  • Pinta Law Group, LLC
  • Prince Lobel Tye LLP
  • Providence & Worcester Railroad Company
  • Regan and Kiely
  • Rezendes Law Group
  • Riemer & Braunstein, LLP
  • Robinson Donovan, P.C.
  • Segalini & Neville
  • Sheff Law Offices
  • Simon Dixon & Associates
  • Sugarman, P.C.
  • Sullivan & McDermott
  • Swartz & Swartz, P.C.
  • The Rogers Law Firm
  • Trezise Law Firm
  • Williamson & Melendez

Contact Us

NorthEast Mediation & Arbitration, LLC

400 Crown Colony Drive, Suite 603, Quincy, Massachusetts 02169

617-328-8888

Hours

To schedule a session, consulation, or an evaluation, please call 617-328-8888 or send an email to Case Administrator Sue Calcagno at scalcagno@northeastmediation.com.  


Please note that accommodations for weekend sessions are available.

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