Conn Kavanaugh’s Mediation & Arbitration practice offers alternative dispute resolution services provided by seasoned, practicing attorneys with deep trial experience. Having litigated hundreds of cases, we recognize that courtroom proceedings are formal, intimidating, complicated, and expensive. Fortunately, this team is conversant with evaluating and resolving matters without setting foot in court.

Conciliation

In addition to the Mediation & Arbitration services described in detail below, the Firm also offers Conciliation services for the resolution of Divorce and Family Law matters. In 2009, partner Kirsten Young founded the Conciliation Program with the Plymouth County Bar Association and the Plymouth County Probate and Family Court. Conciliation is a legal process well-suited to divorce proceedings in that the Conciliator meets separately with each party, makes recommendations for a resolution, and persuades both parties to reach an agreement. In cases where the two parties would have difficulty facing each other or communicating directly, Ms. Young skillfully negotiates outcomes that are acceptable to both sides.

Mediation & Arbitration

Under the leadership of Jim Peloquin, our mediation and arbitration attorneys are trained negotiators who effectively become part of your team. They develop creative strategies that help parties reach agreements as unique as the situation at hand.

Practice leader Jim Peloquin has 38 years of experience as a trial lawyer and has brought dozens of cases to verdict throughout Massachusetts. He has worked for more than ten years as a mediator, arbitrator, and special master, side by side with judges, peer lawyers, and their clients. His subject matter knowledge spans many industries but is particularly deep in construction, business, and injury cases. Clients find Mr. Peloquin to be well-prepared always, with exceptional follow-through that closes deals. His calm demeanor, outgoing personality, and high professional ethics create an atmosphere of trust that helps to achieve resolutions. He also possesses the ability to explain legal matters in language that non-lawyers can easily understand.

Our alternative dispute resolution/neutral party services include:

• Mediation
• Arbitration
• Conciliation
• Case evaluation
• Discovery Master
• Strategies for resolving complex disputes
• Remote, socially distanced dispute resolution

Examples of recent arbitrations:

• Member, panel arbitration of a test case in Massachusetts involving the fair market value of a wholesaler’s rights to distribute the products manufactured by a craft brewer.
• Member, panel arbitration of a multi-million-dollar contract dispute involving the construction and rehabilitation of a portion of the MBTA subway system.
• Single arbitrator of a dispute between a general contractor and a municipality over a mid-six-figure differing site condition claim.

Examples of recent mediations:

• Settled a seven figure product liability/subrogation lawsuit arising from a fire that started in a piece of cleaning equipment at a commercial facility that made clothing. There was damage to the building, inventory, and a business interruption claim, among others.
• Settled a family business dispute involving ownership of commercial property.
• Settled a multi-party dispute over the construction and repair of a cell tower.
• Settled a multi-party, multi-million-dollar dispute over the rehabilitation of a downtown Boston theater.
• Settled a multi-party dispute over the cause of a fire resulting in property damage at a prominent Boston area university.
• Settled a seven-figure dispute over alleged defects in connection with the rehabilitation of a power plant boiler.
• Settled a seven-figure homeowner/contractor dispute involving alleged defects, cost overruns, and delays.