Massachusetts Personal Injury and Workers' Compensation Law Blog
I find mediation to be a great alternative to trying a Massachusetts personal injury case before a jury. It is not that I don’t like trying a case before a jury (it is actually quite fun). Rather, jury trials are so uncertain and unpredictable because trying a jury case is a complete and total crap shoot; you never know how the jury will decide the case, until the end when the verdict is reached. Those concerns are obviated with mediation. It is for that very reason that I love mediating cases.
Mediation is great for a few different reasons. First, it is a relatively inexpensive process as opposed to the high costs associated with a jury trial. Second, mediations usually are quick in that they can range from as short as two hours to at most, a couple of days. Third, mediation is non-binding, as opposed to the binding nature of a jury decision (barring any appeals). Fourth, mediation is a cooperative environment whereas litigation is purely adversarial. Fifth, mediations can be a win-win for all parties involved. That is because with a successful mediation, there truly are no losers because both or all parties win.
If your Massachusetts injury lawyer can get the insurance adjuster to agree to mediate your claim, it can be a very quick, cooperative and gratifying experience. But remember that if a settlement is not reached at your mediation – which is a common occurence – you need to be ready and willing to let a jury decide your Massachusetts personal injury claim.