Massachusetts Superior Court January 10, 2002, No. CA993792D (Schuboth v. Beaver Construction Building, Inc.)

Hely, J.

The court held an evidentiary hearing on this motion. The following findings of fact are based on the evidence that the court deems the most credible.

*258While this negligence action was pending the parties agreed to mediation. The mediation took place over several hours at the office of the mediator. Plaintiffs counsel explained to her beforehand the mediation process.