Mediation & Collaborative Law

Collaborative law shifts the focus from the adversarial system, where the courts or other tribunals determine the outcome after a combative litigation, to a cooperative and respective problem solving approach, where each party retains counsel specifically trained in collaborative law to assist in achieving settlement. The purpose is a commitment to settle from the onset.

The tenants of collaborative law include the following:

  • Both parties must be represented by collaborative counsel.
  • Collaborative counsel is hired for the specific purpose of reaching a settlement without litigation.
  • Although clients do not permanently give up their right to litigation, they temporarily take that option off the table.
  • If the parties fail to reach a resolution, one or both may file a lawsuit. However, the collaborative lawyers must withdraw, and the parties must hire new counsel. For this reason, all participants in the collaborative process have an economic and emotional incentive for success.
  • Collaborative law proceeds with a series of four-way meetings in which clients participate equally with lawyers.
  • Resolution is achieved by joint problem solving, seeking to satisfy each party's underlying interests.

Collaborative law can be used in the following practice areas: divorce, child custody, guardianships and employment law disputes involving closely held businesses.

What People Are Saying...

  • “When I had my first will done several years ago, it was one page and no fine details. Then I met attorney Gina Barry, and a dozen pages later I have a perfect will. Gina’s knowledge and attention to detail is outstanding. I highly recommend using her for any type of estate planning.” -Debbie

    “I have had nothing but great results when Mike Katz has been doing work on my behalf. Mike is an excellent negotiator is a great communicator with the best interest of his clients as the top priority.” July 13, 2011

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  • “Hyman Darling and I have had mutual clients over the years. I continually network with attorneys, financial planners and CPAs as we each handle different aspects of clients' needs. I cannot count the number of times Hyman has been highly spoken of, and considered the "go-to-guy" for elder law planning. He is carries himself with utmost grace, and his expertise in the field is second to none. He is in high demand amongst attorneys who need the highest level of knowledge and understanding with particular cases. Hyman’s record speaks for itself.” December 6, 2010

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  • “I have known Gina Barry since 2003 when we met at a professional group BNI. Since then, I have hired her to work with my mother's estate as well as prepare my own will. I have found her integrity and expertise in her field second to none. Gina has the ability to carefully plan your life estate so you can rest assured, live your life without doubt!” December 21, 2008

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  • “From the first time I met Kevin he listened to my situation and discussed the possible scenarios that could take place. I decided, with his advice, and direction, a course of action that was comfortable for me. Kevin implemented the plan and informed me of changes through phone and email. Kevin was open to resolving the situation and was always looking out for my best interest. I would highly recommend Kevin as a litigation attorney.” January 7, 2009

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  • “Jeff provides our non-profit corporation with outstanding legal advice relating to the operation of a fiber optic network, cable TV PEG matters, community outreach, government relations, and non-profit regulations. He combines his comprehensive legal knowledge with experience-based advice on telecommunications and non-profit business operations to provide a 'one stop shop' for our company.” January 25, 2011

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  • Dear Gina (Barry),

    Thank you once again to you and your superb team for assisting me with the MassHealth situation. You truly continue to be a life saver for me… You keep me steady by responding with terrific legal and general health solutions, which are really very appreciated.

  • Stan

    Julie (Dialessi-Lafley,) thank you for everything yesterday. You are truly the best attorney ever

    Valerie