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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.

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Feinberg & Alban, P.C. fervently protects your rights
  • The Boston firm of Feinberg & Alban, P.C. specializes its practice in the area of personal injury.

    The attorneys serve the entire state of Massachusetts in addition to affiliating with lawyers in other states to handle cases outside of Massachusetts.

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    Boston Attorneys Win Highest Injury Verdict in Massachusetts in 2011 & 2012.

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    Colleen and Robert were very responsive during a long process, always ready to answer our questions. They exhibited that much-needed combination of listening to us as clients and guiding us with their expertise, through all the delays and obstacles e...

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    Attorney Colleen Santora was amazing! I was hit by a car, completely overwhelmed and really just needed to focus on getting better. Retaining her, truly gave me peace of mind that all of the upcoming medical bills would be taken care of. I healed ...

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    While visiting boston, my husband was injured and required surgery, and the tribulations that followed. Living out of state, we had NO idea what to do, and we needed guidance. Collen and her team were and ARE a God sent. Colleen answered all of ...

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    I worked with Colleen Santora and had a great experience! I was very overwhelmed after my injury (MBTA at fault) and she made the process clear and easy. She always answered any questions I had and answered my emails within minutes every time. She al...

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    On vacation my mother had an accident in the Boston Airport that required surgery and prolonged physical therapy. It was a long, painful and extremely stressful process. My mother felt hopeless and her chronic pain was debilitating. My mother finally...

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