Alternative Dispute Resolution? It Depends - Personal Injury Legal Blogs Posted by Robert I. Feinberg - Lawyers.com

Alternative Dispute Resolution? It Depends

I am forever asking people in business how their work has changed since their career began.  Let me offer my opinion on the sea change in personal injury law.  The prevalence of alternative dispute resolution- arbitration and mediation has quickened the resolution of cases and has made their processing cheaper.  Those are significant advantages.  When I started practicing personal injury law almost thirty years ago, alternative dispute resolution was a mere concept.  Not surprisingly, cases often lingered for years as it was not unusual to wait many years for a trial. 

Of course, quicker and cheaper are not preferable if the result is not good.  Empirical data is not easy to come by.  Actually, how can it be?  Who can say for sure that a jury would have awarded more, less, or the same as a particular arbitrator?  What matters is what your lawyer knows about the players, the arbitrators and mediators.  It is up to your lawyer to guide you the client, to say yes or no to arbitration or mediation, and to say yes or no to a particular mediator or arbitrator.  After all, a quick resolution may not be a better resolution.  Then again, it may be better if your attorney has selected the right individual.


Robert I. Feinberg
Personal Injury Lawyer Boston Massachusetts
141 Tremont Street Boston, MA 02111

As a Boston personal injury lawyer, I am forever asking people in business how their work has changed since their career began.  Let me offer my opinion on the sea change in personal injury law.

View Attorney Profile

Robert I. Feinberg

Licensed since 1982

Member at firm Feinberg & Alban, P.C.

AWARDS

AV Preeminent

RECENT POSTS

  • Statements of Intent
    Posted on December 5, 2012

    In Mutual Life Insurance Company v. Hillmon, the Supreme Court rendered a famous and controversial judgement concerning the admissibility of a person’s out-of-court statement. Rule 803(3) of the Federal Rules of Evidence deals with the famous Hillmon case, but it restricts its applicability. In Hillmon, the U.S. Supreme Court allowed evidence of person A’s statement ... Read more

  • Jury Impanelment (Cont.)
    Posted on November 28, 2012
    Topic: Litigation

    Most trial attorneys and judges will tell you that you can never predict the way that jurors will interpret a case.  Further, because the secrecy of jury deliberations is so closely guarded, none of us can really know what specifically influenced the jurors.  The judges talk to the jurors after the verdict in the jury ... Read more

  • Civil Litigators… In the Beginning
    Posted on November 20, 2012

    Having employed law students and new lawyers for almost thirty years, I find their perceptions worth sharing for what it says about the practice of law as opposed to their expectations. At the outset, let me point out that these are talented and earnest people.  In general, civil litigation is not what they expected after ... Read more

Robert I. Feinberg

Licensed since 1982

Member at firm Feinberg & Alban, P.C.

AWARDS

AV Preeminent

RECENT POSTS

  • Statements of Intent
    Posted on December 5, 2012

    In Mutual Life Insurance Company v. Hillmon, the Supreme Court rendered a famous and controversial judgement concerning the admissibility of a person’s out-of-court statement. Rule 803(3) of the Federal Rules of Evidence deals with the famous Hillmon case, but it restricts its applicability. In Hillmon, the U.S. Supreme Court allowed evidence of person A’s statement ... Read more

  • Jury Impanelment (Cont.)
    Posted on November 28, 2012
    Topic: Litigation

    Most trial attorneys and judges will tell you that you can never predict the way that jurors will interpret a case.  Further, because the secrecy of jury deliberations is so closely guarded, none of us can really know what specifically influenced the jurors.  The judges talk to the jurors after the verdict in the jury ... Read more

  • Civil Litigators… In the Beginning
    Posted on November 20, 2012

    Having employed law students and new lawyers for almost thirty years, I find their perceptions worth sharing for what it says about the practice of law as opposed to their expectations. At the outset, let me point out that these are talented and earnest people.  In general, civil litigation is not what they expected after ... Read more