Kempthorne is a court-certified conciliator. She has volunteered in both the federal courts and Essex Superior Court for a number of years, and has privately mediated numerous civil disputes.

Mediation is about owning both the process and the resolution.

Having spent almost thirty years litigating civil and criminal cases in state and federal court, I am convinced that litigation is often not the best approach to conflict resolution. Over and over I have seen that litigation leaves at least one party feeling unheard and misunderstood, and therefore unable to accept the legitimacy of the outcome.

My approach to mediation is facilitative, rather than evaluative. I respect the process that enables disputing parties to come to their own result rather than imposing my own view of a just and fair outcome. Who better than the parties can say what the right and fair result is, or whether a compromise is feasible and will allow them to move on?

There is a role for reality-testing. Parties may need help understanding the available remedies provided by the legal system. A party's assessment of the likelihood of reaching the desired outcome may be unrealistic. Sometimes, the parties need help figuring out what outcomes are possible.

I bring to the role of conciliator and mediator a strong foundation in almost three decades of legal practice. My experience in business and commercial litigation, environmental litigation, and securities fraud allow me to add value to the mediation process, not by passing judgment on the validity of claims, but by helping the parties evaluate the risks associated with alternatives to a negotiated result.

A member of the American Arbitration Association's commercial panel, Kempthorne brings to the role of arbitrator almost thirty years of litigation experience.

If the parties are unable to reach a resolution themselves, arbitration may be mandated by the contract between the parties or the parties may seek private arbitration in lieu of litigation. Arbitration may be an attractive alternative, particularly if the parties are concerned with delay, expense, and confidentiality, and have been unable to reach a resolution through mediation.

Arbitration, unlike mediation, is inherently an evaluative, adjudicative process. Choice of arbitrator is therefore critical to a successful arbitration. An arbitrator's experience, knowledge base, and efficiency are critical to a successful, cost-effective arbitration that yields the result that comports with the law and the parties' contract.

My approach to arbitration is firmly grounded in legal and contractual principles. The parties to an arbitration agreement are looking for a principled resolution based on a careful and accurate reading of contract in light of the applicable law and a fair determination of the facts.

I bring to my work as a commercial arbitrator over ten years of business litigation experience at a major Boston firm.