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…
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…
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…
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…
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…
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: 1) Mediation; 2) Arbitration; 3) Trial. Mediation…
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…
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…
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, 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…