LEGAL MEDIATION: CONSUMER PROTECTION SERVICES

The Massachusetts Attorney General office’s consumer protection programs safeguard Bay State residents from deceptive or unlawful business practice. The state’s Consumer Protection Act provides legal procedures by which private citizens can make claims against businesses.

Mediation services, however, may be a better alternative. Mediation through the AGO is a free service with volunteers offering impartial assistance on consumer issues. The AGO also works in cooperation with 19 Local Consumer Protection Programs. Local consumer programs offer mediation services and although local consumer programs do not have law enforcement authority, they can impart legal advice and provide the AGO with information related to the case if legal action becomes necessary.

The Mediation Process: Before the AGO or Local Consumer Program can advise mediation, the individual must submit a consumer complaint form (available at www.mass.gov/ago/consumer-resources/consumer-assistance/consumer-complaint.html). This form can be submitted to the AGO electronically or can be directed to a local consumer group. The Mediation Center at Middlesex Community College Law Center recommends submitting the form to one’s local branch to decrease waiting time.

After reviewing the complaint form, the mediation staff will send a copy of the complaint with a letter to the opposing business party. If the conflict has not been addressed by the business within 3-4 weeks, a mediator will be assigned to the case. The mediator then contacts both parties to see if an agreeable settlement can be reached. Most of the time, mediation occurs through telephone and/or email communication, directed by the mediation team. The process of mediation on average takes 4-6 weeks.

Why use mediation? According to the Community Dispute Settlement Center in Cambridge, benefits of mediation include that it is more cost-effective, and may offer broader perspectives as the mediator offers their views of the situation. The mediator also facilitates a supportive communication style for conflict-resolution. Unlike an attorney, who advocates for their client, a mediator counsels both the consumer and business with the intent to resolve the issue before contacting lawyers.

How to contact: MA residents can contact the AGO directly, through the Consumer Protection Hotline 617-727-8400, or call their local consumer program with any consumer issues (or see www.mass.gov/ago/consumer-resources/). A representative will advise the consumer whether their claim will best be handled through mediation or legal proceedings.

-From The Office of Attorney General: www.mass.gov/ago/consumer-resources/consumer-assistance/consumer-complaint.html; Middlesex Community College Law Center: http://www.middlesex.mass.edu/lawcenter ; Community Dispute Settlement Center: http://communitydispute.org/

07/07