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Mediation & Conciliation Services

Mediation & Concilation Services

Mediation is an informal dispute resolution process that offers a non-confrontational alternative to traditional litigation. Mediation is generally less adversarial, and the mediator is a neutral third party who helps facilitate resolution of a conflict and reach an agreement between the parties. Parties who choose mediation may also work with attorneys if they choose, and the attorneys may or may not participate in the mediation sessions.

Judith N. Cowan is an MCLE certified mediator and a certified conciliator with the Essex County Probate & Family Court. She is reputed to be the most requested conciliator in Essex County. Attorney Cowan began conciliating civil cases in the District Court in 1994, and has conciliated with the Probate & Family Court for over ten years. She completes approximately twenty-five conciliations per year, almost all successfully, resolving issues ranging from hotly contested custody and removal cases to complicated business transactions.

After years of litigation and trying family law cases, and handling the high volume of conciliation for the Probate and Family Court (pro bono), Attorney Cowan began mediating cases at the request of private parties and has been doing so for the past five years. Attorney Cowan takes a direct and facilitative approach in her mediation sessions, which she describes as "guided self-determination" and thus has a very high success rate with clients. Attorney Cowan's extensive experience in trying family law cases and wealth of knowledge of the Probate & Family Court system and judges manifests itself in her mediation style, capabilities and success.

Attorney Cowan conducts mediations for clients whose cases are already in the Court system (i.e., a Complaint has been filed) and for those whose cases are not. She also mediates cases at the request of and with the active participation of attorneys, and frequently resolves matters which have progressed through highly contested litigation without likelihood of settlement. In some instances, Attorney Cowan has been asked to perform a case evaluation for attorneys or for the parties, offering her perspective on the issues in dispute and/or the positions taken by each side. These evaluations also often lead to a settlement.

For couples who wish to avoid the confrontational, and sometimes expensive and lengthy process of litigation, mediation offers a valuable alternative.