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What's the role of mediation in personal injury settlements in Boston, MA? Lawyers, explain.

a year ago
26

Mediation plays a crucial role in personal injury settlements in Boston, MA. It is a voluntary and confidential process in which a neutral third party, known as a mediator, facilitates negotiations between the parties involved in a personal injury case. The goal of mediation is to reach a mutually acceptable settlement without going to trial.


Mediation is often preferred in personal injury cases due to its numerous benefits. Firstly, it provides an opportunity for the parties to have a direct say in the outcome of their case, rather than leaving the decision solely in the hands of a judge or jury. This can lead to more satisfactory and customized settlements that address the specific needs and concerns of the injured party.


Additionally, mediation can save time and money compared to a lengthy court trial. Personal injury cases can drag on for months or even years in the court system, increasing legal expenses and causing emotional stress for all parties involved. Mediation offers a more expedited resolution, allowing the injured party to receive compensation sooner and move forward with their life.


During mediation, the mediator acts as a neutral facilitator, guiding the discussion and helping the parties explore their interests and concerns. The mediator does not make decisions or impose settlements but assists the parties in reaching a mutually agreeable resolution. They may suggest compromises, propose creative solutions, and encourage open communication between the parties.


For example, in a personal injury case involving a car accident, the injured party may be seeking compensation for medical expenses, lost wages, and pain and suffering. Through mediation, the parties can discuss these issues and explore potential settlement options. The mediator may help the parties consider alternative forms of compensation, such as a structured settlement or including rehabilitation services in the settlement agreement.


References:


  1. Massachusetts Dispute Resolution Services. "Mediation." Retrieved from https://www.mass.gov/service-details/mediation
  2. Massachusetts Bar Association. "What is Mediation?" Retrieved from https://www.massbar.org/publications/section-review/2018/v20-n2/what-is-mediation
  3. Massachusetts Court System. "Alternative Dispute Resolution (ADR)." Retrieved from https://www.mass.gov/alternative-dispute-resolution-adr


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