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Last Week in Dispute Resolution News

TOP THREE DISPUTE RESOLUTION STORIES YOU MAY HAVE MISSED LAST WEEK:

There’s More to Mediation Than Meets the Eye.  Some trial lawyers look down at mediation as a sign of weakness and lack of confidence in one’s case.  However, after experiencing mediations as both a trial lawyer and a mediator, there is more to a mediation than initially meets the eye… Mediation offers an opportunity to get answers to questions and to fashion a resolution to a case that a victory in court will not provide… ADR Times.  Read More

 

Calling in a Mediator Helps Solve Workplace Conflicts.  Sometimes it works out quickly, fairly easily and amicably. Other times, it requires multiple meetings, but either way mediation – especially when it’s started early on during an obvious workplace conflict – can go a long way to resolving the problem… Leaderpost.  Read More

 

The Battle between Google and BT May End in Mediation.  Google itself has said in a statement that it “always [sees] litigation as a last resort” and is defending itself against both the 2011 suit and BT’s “arming [of] patent trolls”, which a source said was a reference to a little-reported case last year involving a non-practising entity called Suffolk Technologies… Gigaom.  Read More

 

Brought to you by eQuibbly
eQuibbly.com is a free web app created to help people and companies resolve their disputes quickly and fairly online.

Are Arbitrators & Mediators as Knowledgeable about the Law as Judges and Attorneys?

Some eQuibbly users have asked me how an arbitrator or mediator can do as good a job resolving disputes as a judge or an attorney given that they haven’t had the extensive training in the law.

This is a bit of a red herring.One of the main tenets of Alternative Dispute Resolution (ADR), and indeed a significant benefit of ADR, is that it is not subject to the “law of the land” of any one country or state. That’s one reason why arbitration is so popular for cross-border disputes; if they chose to go to court they would have to pick one jurisdiction’s laws to apply to resolve their disagreement.

Although some ADR institutions apply the law of the land when making decisions or steering the negotiation, in the vast majority of mediations and arbitrations, the formal law is not applied. Of course some general laws are taken into consideration as a matter of common sense and fairness; for instance if two people sign an agreement it is generally considered a very good indication that they both intended to honor that agreement. But laws that are applied by a judge in court, such as strict time limits and laws on what is considered admissible evidence, are not applied in ADR or ODR (Online Dispute Resolution which is a type of ADR).

More important than the law, is that the arbitrators and mediators remain unbiased and fair, follow the procedural rules agreed to by the parties (like the “Rules of Arbitration” listed on eQuibbly), and consider the dealings between the parties leading up to the dispute, any contracts or other evidence, and the specific facts and circumstances presented to the extent they’re credible. Decisions are based on fairness, equity, common sense and the specific facts and circumstances, rather than the rigid laws of a court.

So there is no need to know the laws of the land, nor is there a need for an attorney or a judge with expertise in the law to resolve your dispute. That being said, many lawyers and ex-judges do become mediators or arbitrators.

Do you think the law of the land has to be applied to arrive at a good resolution to a dispute?

How to Know When You’re Ready for Online Arbitration or Mediation

By Lance Soskin, Founder and President of eQuibbly. 
eQuibbly is a web application created to help companies resolve their disputes quickly and fairly online. It’s known formally as Online Dispute Resolution (ODR). Disputes are resolved entirely online either via mediation or arbitration in a secure private virtual room. Parties can opt for the outcome to be legally-binding and enforceable in court in almost any country.

If you have already experienced the great pleasure of going to court, especially for a full-blown trial, there’s no reason to read any further as you’re already well-aware that almost any other method of resolving a dispute or conflict is better than the traditional justice system.

Once you hire an attorney, it’s extremely difficult to get away with paying anything less than a few thousand dollars for pre-trial procedures, even if it is for small claims court. And if your case goes to trial, you’re almost certainly going to be out-of-pocket at least $10,000 and often times tens of thousands of dollars. If that isn’t reason enough to convince you to try an alternate route, the time commitment and aggravation involved in pursing litigation surely are.

One alternate route that is growing in popularity is online dispute resolution using arbitration or mediation.

If you meet one or more of the criteria below, it may be time for you to take a closer look at whether online arbitration or mediation may be right for you:

1. Negotiation has failed.  You have tried to resolve your dispute or complaint on the phone, by email, or face-to-face and were unable to reach a satisfactory solution.
2. Meeting in-person is inconvenient.  You and the opposing Party live far enough away from one another that there is no convenient place to meet without wasting a lot of time traveling.
3. Cost of litigation may exceed your claim.  Unless you are independently wealthy, there is little point suing if the cost of litigating might be more than the amount you recover at the end of the ordeal. Many plaintiffs over-estimate their chances of winning and the amount they will recover if they do win. If you’re looking for some sense of moral victory regardless of the cost, keep in mind the old saying about ‘cutting off your nose to spite your face’; it will likely ring true a year later when you’re still trying to make your way through the justice system on your last dime.
4. Confidentiality is important.  You would like to keep your disputes and your confidential information private. The courts in the U.S. and Canada are open to the public and almost everything you file with the court is public record and subject to public disclosure (other than personal information that can lead to identity fraud).
5. You have shopped or socialized online.  The online world is part of your everyday life. If you’re comfortable shopping, socializing, and commenting on news articles online, you’re technologically savvy enough to make use of online dispute resolution.

Latest Feature Announcement

eQuibbly is pleased to announce the latest additions to our site:

1. Videos explaining how to use eQuibbly.  You can view the video on our homepage near the bottom of the page:  www.eQuibbly.com
2. The ability to use a “Private Virtual Room”to resolve your disputes.  It is completely confidential; only you and the people you invite to access the room can view your dispute, make suggestions on how to resolve it and vote for the side they think is right. You will see this option when you click the “Post Dispute” button.
3. The ability to upload images and documents to support your position.

Good luck resolving your dispute,

The eQuibbly Team

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eQuibbly is a web application created to help you resolve your disputes quickly and fairly.  The site can be used for arbitration or mediation; otherwise known as ODR (online dispute resolution).

eQuibbly Inaugural Post

eQuibbly launched recently to critical acclaim and lavish praise from all corners of the continent. As our good friend Donald Trump would say: “It was the biggest launch ever – EVER!  It was huge!  It was the biggest in the history of the Internet. And it was the best!”

Well perhaps not quite that big  – it wasn’t on the same scale as Facebook or Twitter launches. It was for eQuibbly.com quite the major milestone. Every company has to start somewhere and we have decided this is as good a place to start as any.

First a quick overview of why eQuibbly exists and then something to send you on your way in better spirits…hopefully in good enough spirits to spend 2 minutes browsing www.equibbly.com and clicking the Facebook Like button at the bottom of the page.

eQuibbly is a free web application created to help you resolve your disputes quickly and easily online. We provide you with an alternative to the burdensome government-run justice system. Resolving disputes should be guided by principles of fairness and equity rather than the often perplexing, technicality-riddled and overly rigid laws obeyed by attorneys and the courts.

Enough of the serious stuff for now – below is a very funny, real complaint letter to lighten the mood – the more you read the funnier it gets!  It was written to Richard Branson at Virgin Atlantic about the quality of the services and food onboard.  

Thank you for reading my blog,

Lance Soskin
Founder of eQuibbly

“Very funny complaint letter to Richard Branson at Virgin Atlantic”