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Is arbitration or mediation used in Massachusetts injury cases?

I'm looking for an attorney for my car accident related injury but I really don't want to have to go to trial or testify. So do lawyers in Massachusetts personal injury cases ever just use mediation or arbitration? I think that would be easier. Thanks.

Editor's Response

Absolutely.  When you start your search for a Massachusetts personal injury lawyer, make sure you ask about their experience with Alternative Dispute Resolution (ADR)  Explain your feelings about going to trial.  The vast majority of personal injury cases settle before trial, but, if necessary, your attorney may be able to explain the process and put your mind at ease about the process of going to trial. 

To your question:  ADR, is frequently used in Massachusetts personal injury cases.  The two options are mediation, in which a neutral party works to find a mutually acceptable settlement, and binding arbitration.  With both methods, the parties often utilize the services of a retired judge or an attorney.  The major difference between mediation and arbitration is that arbitration is similar to a mini trial and is binding on the parties.  In other words, once the arbitrator renders her decision, it can be enforced by the prevailing party just as though it were issued by a court after a trial. 

Many attorneys and clients prefer arbitration because it is less formal, relatively inexpensive, and does not take as long as a trial.  Good luck.

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