Personal Injury Mediation in Massachusetts
Mediation is a voluntary, confidential process where a neutral mediator helps both sides reach a settlement without going to trial. In Massachusetts, mediation resolves the majority of personal injury cases and is significantly cheaper and faster than litigation.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Modified comparative fault (51% bar)
Fault System
3 years
Filing Deadline
$18,000 – $80,000
Avg Settlement
How Mediation Works in Massachusetts
Select a Mediator
Both sides agree on a neutral mediator — typically a retired judge or experienced attorney in Massachusetts. Mediators are not decision-makers; they facilitate negotiation.
Opening Statements
Each side presents their position and key evidence. The mediator identifies areas of agreement and dispute.
Private Caucuses
The mediator meets privately with each side to explore settlement positions, discuss weaknesses, and carry offers back and forth.
Negotiation
Under modified comparative fault (51% bar), fault allocation is a key discussion point. The mediator helps both sides realistically assess litigation risk.
Settlement Agreement
If agreement is reached, a written settlement agreement is signed immediately. It is binding and typically releases all claims.
Massachusetts Injury Law Overview
Massachusetts operates a no-fault auto insurance system requiring PIP coverage, which pays initial medical expenses and partial lost wages regardless of who caused the accident. To pursue tort claims for pain and suffering, the injury must meet a $2,000 medical expense threshold or involve certain severe injury categories. Massachusetts applies modified comparative fault with a 51% bar for tort claims that pass the no-fault threshold. The statute of limitations is 3 years. Massachusetts courts, particularly in Suffolk County (Boston), handle a substantial volume of personal injury cases including medical malpractice at world-renowned teaching hospitals. The state caps medical malpractice noneconomic damages at $500,000 under M.G.L. c. 231 § 60H. Massachusetts has no general cap on compensatory damages in other personal injury cases. Chapter 93A consumer protection claims may provide additional remedies and attorney fees in cases involving bad faith insurance practices. Wrongful death claims are subject to the same 3-year limitation.