Kathleen Estelle Smith

I have been a Mediator for over 16 years, and I handle cases both privately, and through the Volunteer Attorneys Mediation and Settlement Panel. I completed 80 hours of Mediation training with Harry Fox, Esq., in 2000, as well as regular continuing education.  

My practice consists solely of Mediation and ADR, and is conducted outside of traditional business hours.  This allows access to ADR by a larger number of people with traditional work schedules.  They can avail themselves of the benefits of resolving disputes outside of the courtroom, without missing time from their jobs.   During business hours, I act as General Counsel for a group of companies in Worcester County.  I do not represent individual clients in any matter. 

My focus in facilitating a mediation is to get the parties to recognize the value of having control of the dispute resolutions process.  This happens when they engage in a structured and confidential exchange of important information, concerns and ideas, facilitated by a trained professional.  I do not tell the participants what to do, or render legal advice.  I assist them in defining the issues and addressing each of them in a productive way.  

I conduct mediations in 2 hour increments, and will continue with mediation sessions with a set of particpants for as many sessions as necessary to get to "YES."  However, I will not allow participants to waste their resources on unproductive mediation, when it becomes apparent that they have reached the point of maximum benefit and will require a Court to decide their issues.  Even then, we are often able to pare down the issues that require the Court's intervention, and by doing so, significantly reduce the amount of money they spend in discovery and litigation.  

Mediation is a confidential process, and documents are executed at the beginning of the first session to make this very clear.  No information exchanged during mediation (which is an attempt at Settlement) may be used against any party in Court.

I reserve the right to refuse mediation services to anyone, for any reason.   I reserve the right to cross-check my database and that of the Company for which I serve as General Counsel, in order to avoid any appearance of a Conflict of Interest, or the appearance of impropriety.