Massachusetts Personal Injury Library
Alternative Dispute Resolution in Massachusetts Medical Malpractice Cases
When you are seeking compensation for an injury or illness resulting from medical malpractice, you may find that alternative dispute resolution is the best option for you.
Alternative dispute resolution is a strategy for settling a dispute without having to go to court. The term alternative dispute resolution covers a few resolution methods, including mediation, collaborative law, arbitration, and negotiation.
Alternative dispute resolution requires the parties in the dispute to meet with a neutral mediator (or in the case of collaborative law, a legal team) to discuss their situation and, with help from the mediator, find legal solutions to their dispute that both sides can agree to.
Many find alternative dispute resolution to be a useful tool for settling disputes. It has become increasingly popular over the last decade, mainly because of the general public’s desire to avoid adding another case to the docket of an already crowded court system. Other reasons to seek alternative dispute resolution include:
- Cost effectiveness
- Lower-stress environment
- Confidentiality
Alternative dispute resolution can be applied to many types of cases from divorce to medical malpractice.
Are there any drawbacks to alternative dispute resolution?
While alternative dispute resolution has its strong points, it also has some potential drawbacks. Some critics say that because of its more casual setting and conciliatory goals, alternative dispute resolution does not offer the best legal outcomes or the strongest justice as compared to traditional courtroom litigation.
In alternative dispute resolution, compromise rules the day. While compromise is generally a good thing, in cases of clear deliberate negligence or moral violations, a day in court may offer a more just resolution.
Also, the privacy of alternative dispute resolution may pose a problem in some situations, allowing an individual, institution or company the freedom to settle the case and move on, rather than being held publicly responsible for a misdeed.
At the end of the day, the usefulness of alternative dispute resolution depends on the facts and individuals involved in a case. It’s up to the individuals and their lawyers to determine which avenue of dispute resolution is best.
If you have been injured or made ill by a physician’s error and are considering taking legal action, consult with a Massachusetts medical malpractice attorney to learn more about your legal options.
No matter what avenue you choose to pursue, your rights and interests need to be protected from the outset. Your attorney can be a great help to you in alternative dispute resolution and can guide you through the process.
Contacting a Massachusetts Medical Malpractice Attorney
When selecting a Massachusetts medical malpractice attorney, you’ll want to ask critical questions such as; how long have you been practicing law; do you have experience with malpractice cases in Boston, Massachusetts; what is the biggest settlement or verdict you have won?
The Kiley Law Group, located in Andover, Massachusetts, has fought on behalf of malpractice victims for many years. Our medical malpractice lawyers take time when speaking with you about your injuries. We work with you on a contingency basis, which means there are NO FEES unless our trained medical malpractice attorneys win your case. Call now for a FREE legal consultation – 1-888-208-1695.
