Alternative Dispute Resolution: Mediation and Arbitration

With decades of legal experience, Attorney Owen P. McGowan has tried more than 300 cases to verdict in Massachusetts state and federal courts. He has practiced as an attorney in Massachusetts since 1987.

As a mediator and arbitrator, Owen focuses on helping individuals and businesses resolve matters out of court. He is the author of the MCLE chapter on Alternative Dispute Resolution contained in the volume Massachusetts Motor Vehicle Torts: Liability and Litigation (4th Edition, 2016). He has provided alternative dispute solutions through the American Arbitration Association, The Duke University Private Adjudication Center and been privately retained by multiple attorneys and insurers.

Mediation and arbitration are two distinct processes, each offering advantages over the courts. Both offer a strong financial savings and timely resolution. With greater flexibility and more opportunity for input, mediation and arbitration can also be more effective for parties.

Confidentiality is another advantage. Unlike a court trial, mediation and arbitration preserve the confidentiality of all parties and the terms of the mediation settlement or arbitrator’s decision.

Areas of Expertise

Attorney McGowan offers mediation and arbitration services in these areas:

• Personal Injury
• Premises Liability
• Products Liability
• Construction Accidents
• Professional Liability Claims
• Unfair Claims Settlement Practices
• Business Disputes
• Fee Disputes

Bar Admissions

• 1987, Massachusetts
• 1987, U.S. District Court, District of Massachusetts
• 1987, U.S. Court of Appeals, First Circuit

Professional ADR Affiliations

• American Arbitration Association, Panel Arbitrator
• Duke University Private Adjudication Center
• Massachusetts and American Bar Associations (Committees on Civil Litigation, Insurance Coverage and Alternative Dispute Resolution)
• Defense Research Institute; Panel Member
• Middlesex County Medical Malpractice Tribunals; Panel Member
• Dalkon Shield Claims Arbitration

Legal Representation During Mediation and Arbitration

Attorney McGowan works with attorneys and their clients across Massachusetts. In mediation, the parties can decide whether they want to be represented by a lawyer or not. In doing so, each party should thoroughly consider what they hope to get out of the mediation.

Arbitration decisions are legally binding. Parties are advised to have legal representation, though they have the right to represent themselves, unless they have waived this right.

Location and Video Conferencing

Attorney McGowan offers mediation and arbitration in his Norwell office or at a location agreed upon by the parties. He also offers services through Zoom and video conferencing technology.