Ok, your Massachusetts personal injury attorney and the insurance adjuster cannot agree on the value of your case. When this happens, mediation can be very advantageous. Why? Because mediation usually promotes resolution with less expense and with much less risk than can a bench or jury trial. This is because a good mediator will inform […]

I would not recommend it. The insurance adjuster and/or defense attorney will exploit your inability to properly articulate and convincingly argue the strengths of your case. The inspiration for this post comes from Jonathan Stein, a California personal injury attorney who has a great post on his blog about this very topic. Here is his post: FAQ: Can I mediate […]

You would be surprised at how difficult it is for attorneys to agree on a mutually acceptable mediator or arbitrator to hear a personal injury case.  Usually, after the lawyers have agreed to submit the Massachusetts injury case to a neutral, they will each have a list of their preferred mediators and arbitrators. The key is […]

I came across a great web site that offers numerous links to ADR (Alternative Dispute Resolution) blogs. It is called the world of alternative dispute resolution blogs. Check it out for information pertaining to mediation and arbitration, among other things.

If you have been injured in an accident in Massachusetts, and you have decided to handle your injury claim without a Massachusetts personal injury lawyer, you will need to know how to negotiate with the insurance company. Here is a great blog I found that is called How to Negotiate – Negotiation Skills for Any Situation. […]

Arbitration with respect to Massachusetts personal injury claims is essentially a voluntary process. With the exceptions of Massachusetts underinsured and uninsured motorist claims, the decision to arbitrate a personal injury claim is a mutual decision arrived at by the relevant parties. Often, the parties to an arbitration will agree to a high/low agreement before the arbitration. […]

If the parties involved in a Massachusetts injury claim have reached an impasse, mediation can oftentimes help to achieve resolution. But, mediation only really works if the parties are willing to make it work. If the parties to the dispute are unreasonable in their expectations, or, are unwilling to compromise their differences, mediation is probably […]

Arbitration is a form of alternative dispute resolution. What that means is that it offers an alternative, outside of court, to resolve a dispute. Increasingly in recent years, arbitration has gained favor as a tool to resolve Massachusetts personal injury claims. Arbitration is a voluntary and mutual decision that is reached by a personal injury claimant and […]

Most Massachusetts personal injury cases settle with the insurance company who insured the person who caused the accident. This is often done through negotiation between your Massachusetts personal injury lawyer, and the adjuster from the insurance company. I have found mediation however to be an increasingly effective mechanism for resolving Massachusetts personal injury claims that […]

Mediation provides a good forum for resolving Massachusetts personal injury disputes. Often the attorney representing the accident/injury victim is unable to settle a personal injury claim with the insurance company. The attorney at that point may institute litigation. But litigation is adversarial, costly, takes too much time, and is entirely unpredictable. Often, it is mediation that provides a better […]