Alternative Dispute Resolution

Attorney Mark R. Karsner is an experienced and effective neutral. He has conducted mediations and arbitrations since the early 1990’s. Attorney Mark R. Karsner’s legal practice began in 1979 and has concentrated primarily in personal injury cases, trying over 100 jury cases to a conclusion. He has represented both plaintiffs and defendants in all courts.

Mark has extensive experience in insurance defense as well as representation of plaintiffs.

He is committed to providing a result that is fair, prompt and economical to all parties. He enjoys repeat business from both the plaintiff’s bar and the insurance industry.

His accessible office is designed to accommodate multi-party needs and to assure privacy when needed.

AREAS OF PRACTICE

Based on his training and experience, Attorney Mark R. Karsner offers arbitration and mediation services in the following areas:

  • Personal Injury
  • Premises Liability
  • Products Liability
  • Construction Accidents
  • Professional Liability Claims
  • Unfair Claims Settlement Practices
  • Business Disputes
  • Fee Disputes
MEDIATIONS

In this non-binding and confidential process, Attorney Mark R. Karsner can assist the parties cut to the heart of any case. He assists both sides to analyze the strengths and weaknesses of their and their opponent’s cases. To plaintiffs, it feels like they have had their “day in court” without undergoing the cost, anguish and unpredictability of a jury trial. The parties have a legitimate opportunity to craft a resolution each can accept. With the help of a trained and experienced neutral, the rate of success at mediation is quite high. Attorney Mark R. Karsner uses his trial experience since 1979 to analyze the issues of the case.

This method of resolution seeks compromise from both sides. With the help of an experienced mediator, your client’s case is evaluated with a neutral eye, its strengths and weaknesses emphasized to your client, and particular quirks of the case or clients can be met. By the time you have prepared your client’s case to this stage, both you and your client may benefit from a session with an unbiased mediator. The mediator carries limited, authorized information between participating parties and works to bring both sides closer to agreement. This session can also be useful to reinstate the “team” concept you may by now find strained with your client.

ARBITRATIONS

In a less formal setting, you and your client present the abbreviated case to Attorney Karsner . You have the opportunity to question the other side, similar to a trial but without strict adherence to rules of evidence or procedure. This is an economical use of time and also allows your client to have the satisfaction of a full hearing, giving his or her story. As your hearing officer, Attorney Karsner has broad experience in quickly assessing the legal strengths and weaknesses of your case, and brings to your hearing a sound knowledge of how to objectively value your case. In this binding proceeding, he will carefully listen to the facts and arguments presented in order to craft a reasoned and fair decision. It is often said that "a mediator makes friends and an arbitrator makes decisions." Because he enjoys repeat business from the plaintiff's bar and insurance industry, Attorney Karsner apparently has made both friends and fair decisions.

THE KARSNER DIFFERENCE
  • Prompt attention. Decisions in arbitration cases are usually made within one week of the hearing.
  • Experience. Attorney Mark R. Karsner has had extensive experience in representing individual plaintiffs and insurance companies, in addition to hundreds of dispute hearings.
  • Flexibility. When the parties are ready, and opportunity arises for settlement, you need to seize the opportunity. Attorney Karsner’s flexibility allows cases to be scheduled on short notice, if needed.
  • Vitality of an active practice. Attorney Mark R. Karsner is still a practicing attorney representing parties in claims, trials, arbitrations, and mediations. He stays current on the law, courts and process of litigation.
  • Forgiveness. Of course, cancellations are never encouraged. But there is no cancellation fee. Attorney Mark R. Karsner recognizes that last minute events occur in the life of any practicing attorney. Because he has an active practice of his own, he has plenty to do if there is a last minute cancellation.
FEE SCHEDULE

For either mediations or arbitrations, the fee is $650.00 per party minimum for a 3-hour session. If the hearing takes more than three hours, each party is charged an additional $150.00 per hour. Except in highly complex or multi-party cases, sessions seldom go beyond three hours.

Although most hearings are held at Karsner & Meehan, P.C. in Taunton, Massachusetts, arrangements can be made to hold hearings elsewhere. Even a case mediated in a medium-security prison was brought to successful resolution by Attorney Mark R. Karsner. He can’t promise to make that venue available to motivate your clients, however.

RULES OF ENGAGEMENT
  • Arbitration:

    All hearings are controlled by M.G.L. Chapter 251, the Uniform Arbitration Act. Ten (10) days prior to the hearing, counsel for each side shall deliver to opposing parties documents intended to be introduced into evidence. Failure to make such delivery may result in the exclusion from evidence of that particular document.

    Attorney Mark R. Karsner will not read documents before the hearing. This is done because some materials sent in advance may later be ruled inadmissible at the hearing.

    Arrangements should be made in advance for the return of exhibits, if you wish.

  • Mediation:

    Mediations are confidential. The mediating parties agree, by the submission of their case to Attorney Mark R. Karsner, that they will not disclose any actions, failure to act, or communications of any kind made by the mediator or any participant in the mediation process. The parties also agree, by the submission of the mediation to Attorney Mark R. Karsner, that he shall not be liable to any party, counsel or insurer for any act or omission in connection with the mediation services.

Attorney Mark R. Karsner encourages the parties to send a brief summary of the important facts and opinions in their cases, no more than three pages in length.

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