Conn Kavanaugh is literally built to optimize mediations and arbitrations. Our own private conference center has seven conference rooms of varying sizes to accommodate multi-party proceedings. Our beautiful views, cutting edge technology, and fully-equipped setting minimize obstacles and distractions, reducing stress and leading to optimal outcomes.

Mediation of Business Disputes

Having litigated thousands of cases, our mediation neutrals are well-equipped to resolve disputes fairly and effectively. In high-stakes and contentious litigation, a successful resolution requires more than just legal knowledge – it demands a mediator who has lived the battle and has decades of trial experience. But technical expertise is only half the equation. Successful mediations are also rooted in active listening and genuine empathy, ensuring that every stakeholder feels heard and understood.

Under the leadership of Chambers-ranked partner Jim Peloquin, our mediation and arbitration attorneys are negotiators trained to develop creative strategies that help parties reach agreements as unique as the situation at hand.

Jim Peloquin Practice leader Jim Peloquin has over 40 years of experience as a trial lawyer and has brought dozens of cases to verdict throughout Massachusetts. He has worked for more than fifteen 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 business, construction, and injury cases. Clients find Jim 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. Parties regularly reach out to Jim for his help with:

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

Kurt Fliegauf has represented clients in high stakes business litigation matters for more than thirty years. Recognizing the need for skilled mediators in complex commercial matters, he now leverages his years of experience to help parties resolve their disputes outside the courtroom.
Kurt brings a profound understanding of the intricate legal, financial, and often personal frameworks that define modern business disputes. This background allows him to cut through the noise, rapidly analyzing complex issues to identify the core strengths and vulnerabilities of each party’s position. By combining a sharp analytical lens with a grounded, human approach, Kurt helps parties navigate the friction of conflict to reach a strategic, durable consensus.

Kurt has extensive experience in the following kinds of disputes:

• Chapter 93A Claims
• Breach of Fiduciary Duty
• Fraud/Intentional Misrepresentation
• Trade Secrets
• Breach of Contract
• Tortious Interference
• Derivative Actions
• Technology Claims, including Software Implementations
• Insurance Coverage
• Bad Faith Insurance Claims
• Professional Liability Claims
• Civil Rights Claims

Arbitration

When a binding, legally enforceable decision is desired, our arbitrators hear evidence and arguments from both parties in a structured, formal process that mirrors a trial. Though it is usually faster and cheaper than court, the arbitrator’s final decision is legally binding.

Arbitrators on our team include:

• Jim Peloquin for Business, Contract and Injury disputes
• Erin K. Higgins for Professional Malpractice and Insurance disputes
• Maureen E. Curran for Probate matters
• Kurt B. Fliegauf for Business disputes
• Family Law

The Firm also offers Conciliation services for the resolution of Divorce and Family Law matters. Kirsten Zwicker chairs the Family Law group and is a certified conciliator. In 2009, she 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 might have difficulty facing each other or communicating directly, Ms. Zwicker skillfully negotiates outcomes that are acceptable to both sides.