As I have stated before on this blog, Massachusetts personal injury claims usually settle outside of court with the relevant insurance company. However, there are times when claims do not settle. The claimant (or the claimant’s attorney) has three alternatives in that situation: Mediation; Arbitration; Trial. Mediation does not have much risk as the parties can simply […]

Massachusetts personal injury claims are oftentimes mediated when settlement of the claim has proved elusive. This is because of the flexibility that mediaton affords. For example, mediation is non-binding. The mediator has no authority to mandate any particular disposition of the mediation. All the mediator can due is create an informal arena that encourages discussion between […]

Your personal injury attorney first tries to settle your case with the relevant insurance company. Usually, claims are settled without the need to file a lawsuit. But, with insurance companies becoming more and more tight with personal injury settlement offers, it sometimes becomes necessary to litigate the claim. There are respective advantages and disadvantages of […]

Following up on previous posts regarding mediation and arbitration of personal injury claims in Massachusetts, I found the following article on findlaw.com that does a good job of explaining the respective processes of each. Once again I invite you to contact me with any questions you have about mediation and arbitration and how they can […]

Arbitration, like mediation, has become a popular means of resolving personal injury claims. Arbitration can be used to resolve auto accidents, slip and falls, dog bites, and basically any other personal injury claim, assuming of course that the involved parties are willing to arbitrate the claim. Please note that arbitration can be used not only […]

Mediation is a form of dispute resolution that is a branch of Alternative Dispute Resolution (ADR). Increasingly in recent years mediation has become a more and more appealing forum for adverse parties to resolve personal injury disputes. Frequently an attorney handling a personal injury case reaches an impasse in settlement negotiations with an insurance adjuster. […]