By Robert I. Feinberg | Published February 26, 2016 | Posted in ADR Mediation, Personal Injury | Tagged Tags: ADR, Alternative Dispute Resolution, Mediation | Comments Off on Alternative Dispute Resolution – Mediation
Search Site
Monthly Archive
February 2016
1 - 4 of 4
Page 1 of 1
Alternative Dispute Resolution – Mediation
A very noticeable change in the handling of personal injury cases over the last three decades has been the willingness of both sides to engage in alternative dispute resolution. Even the Pre-Trial Order of the Massachusetts Superior Court asks about the parties’ willingness or amenability to alternative forms of dispute resolution. Generally that means mediation or arbitration. I have blogged primarily about mediations and I will blog a little about arbitrations over the course of the next few weeks. But let’s turn our attention once again to mediation. In this blog, I will focus on what you will hear from the mediator at the outset.
The Client as the Primary Source
As a personal injury attorney, it is obviously necessary for me to have a complete and accurate understanding of my client’s injuries. How have the injuries affected my client? What exactly has he/she gone through in terms of pain and suffering? What is the true measure of loss of earning capacity? The source for learning detailed answers to these questions is from the client himself/ herself.
Respondeat Superior and the Meaning of Latin Terms
Latin terms are commonly used in law and while they may sound fancy, I have to say that their doctrines are pretty straight-forward and pretty clear. The doctrine that I would like to speak about today is known as Respondeat Superior. Essentially it means that the employer is responsible for the actions of its employee in the course and scope of employment of that employee. It is interesting that when I have reviewed cases that have been prepared by younger lawyers, there seems to be an overemphasis on the notion of Respondeat Superior.
The Problems with Pre-Settlement Funding
You will not find a shortage of companies that offer to loan you money on your case. I have seen them increasingly used in recent years. Having an injury can be a time-consuming, stressful and money-sapping process, especially if the client is out of work. As a result, businesses have been created with the idea of advancing money to injured people but, of course, fully expecting to get that money back plus interest and fees. It’s the “plus interest and fees” that need close examination.
1 - 4 of 4
Page 1 of 1
Feinberg & Alban, P.C. fervently protects your rights
Client Reviews
-
5.0/5.0I’m a college student in the Boston area who suffered a pedestrian personal injury in December of 2022. Thankfully I was put into contact with Feinberg & Alban PC and I worked closely with Robert and Perry Feinberg who treated me with respect and f...
-
5.0/5.0
Alexis Cahill was great, professional, and was open for me to contact on any questions I may have had during the process. Feinberg & Alban PC's services were nice as well, and I'd recommend them due to the transparency, what they were able to negotia...
-
5.0/5.0
My mom had a great experience with Feinberg as her attorney, after she fell near her house, and he took her under his wing. Mr. Feinberg was helpful, very organized and kind. He helped my mom a lot, very happy with results
-
5.0/5.0
I have been using Marsha Alban's services and advice for many years. Initially, I interviewed several lawyers, and Marsha was definitely the best! She took time to listen, she was very compassionate, and she explained everything in detail and answere...
-
5.0/5.0
Wish I could give higher than a 5 for this review. From the start the dedication to detail, care and skill that was applied to my case was outstanding. Robert Feinberg is exceptional at representing his clients. His depth & breadth of experience make...
Awards & Affiliations
Contact us
