Consumer Arbitration

Found in the fine print of many cellphone, computer, car, and job contracts are terms and conditions including the waiver of a right to file a lawsuit in place of arbitration.  Most of the time this provision is never invoked but a growing number of job seekers and consumers are realizing that if something does go wrong they may have unknowingly waived their right to file a lawsuit.

In some cases, lawyers are unwilling to represent consumers in arbitration complaints because of award caps in agreements.  And in some other cases arbitration is unhelpful because arbitration decisions are typically not disclosed and not subject to appeal.

Arbitration can be particularly helpful when freely and knowingly agreed to regarding disputes between commercial entities.  The issue arises when individual consumers unknowingly waive their right to file a lawsuit in the fine print of many adhesions contracts.  Congress recently announced The Arbitration Fairness Act, which would help consumers understand their rights and advantages of arbitration.

Words of Wisdom Imparted by MDRS Experts!

Massachusetts Dispute Resolution Services is now featuring articles and interviews by members of our Panel of Neutrals, “Words of Wisdom.”

Here’s a brief excerpt from our most recent article, A Trial Lawyer’s Experience as a Mediator: A Few Brief Lessons, written by MDRS Neutral Thomas W. Porter:

On the first day of practice as a trial lawyer, my boss told me about the different cross-examination styles of the partners.  He spoke of one, a very devout Catholic, as a pugilist.  He would just come out swinging.  The witnesses would see the blows coming, but there was nothing they could do.  He would leave them a bloody pulp.  Another partner was a Quaker and a very kind man.  His style was different.  He used a stiletto.  Often the witnesses would not see it coming and sometimes they wouldn’t even feel it going between the ribs, but the result was the same, a pool of blood underneath the chair.

MDRS is pleased to highlight our diverse team of Neutrals, their various backgrounds and experiences, in order to better serve the Alternative Dispute Resolution community.

We would love to hear from you–please post your comments regarding “Words of Wisdom” articles and interviews on the MDRS Facebook page.

 

“Baseball” Arbitration in Boston

On the morning before a scheduled record breaking salary arbitration hearing last week, designated hitter, David Ortiz, 36, and the Boston Red Sox agreed to a one-year contract worth $14,575,000. The deal was midway between the $16.5 million he asked for last month and the $12.65 million submitted by the Red Sox, which matched his 2011 earnings.

“Baseball” Arbitration is a methodology that can be used in many different contexts in addition to baseball players’ salary disputes, and is particularly effective when parties have a long-term relationship. The procedural details are covered in an article by MDRS founder Brian Jerome, Baseball (Pendulum) Arbitration.

 

It’s an Arbitration for Ortiz

According to a recent Boston Herald article, David Ortiz has agreed to an arbitration hearing, unlike many of his teammates, as a means to resolve the dispute between his requested annual salary ($16.5 million) and the $12.5 million counter-offer by the Red Sox. Both parties will have an opportunity to present evidence in support of their case. Ortiz’s evidence: a triumphant 2011. Due to the nature of arbitration, however, complex scenarios can build throughout the process.

Alternative dispute resolution has successfully resolved disputes in the sports world for many years, allowing all parties to illustrate their strengths (and weakness). And as their followers know, both Ortiz and the Red Sox have a few.

New Year’s (Dispute) Resolution

Not everyone likes to make resolutions for the new year. It can even be a matter of contention in some households: why should I bother; how can a symbolic date generate legitimate self-improvement? But while gym membership renewals and swearing off holiday cakes are commonly regarded as the right start to the new year, could there be more to this new beginning?

We all have the capacity to hold onto anger, but with the help of such firms as Massachusetts Dispute Resolution Services, you can effectively let go of it. Alternative dispute resolution is a convenient and successful way to resolve your personal legal disputes. Divorce, employment and business matters, even negligence, are often surrounded by personal resentment and can be swept under the proverbial rug of life. Some cases, like personal injury and accidents should be dealt with immediately; however, family and business issues are often left to fester.

In order to truly start the year fresh, resolve to speak with a mediator. ADR can be, quite literally, one of your 2012 resolutions.

Occupy Mediation

The Occupy Wall Street movement that has been spreading across the country has been a hub for civil protest and ideas, as well as alternative dispute resolution services. Occupy Boston in particular was built on a sound foundation of peaceful protest and mediation. Protesters have been involved in ADR cases with the City, the Boston Police Department, representatives for the Mayor Menino, and various organizations like the Rose Kennedy Greenway Conservancy, the location of an off-shoot of the Dewey Square encampment.

The mediation process is well-suited to the Occupy movement’s mission—it is an inexpensive (and therefore more accessible) way to sort through and resolve complex disputes. Boston has been relatively open to the movement, avoiding many of the violent set-backs other occupied cities incurred. Mediation has granted the City, students, and residents an efficient, neutral, positive legal outlet for serious solutions.

A Season for Resolution

The holidays are a time to celebrate with family and friends, to express gratitude for your good fortune and to reflect on improvements you want to make. Ideally, these are things we do on a regular basis; sometimes, however, “life gets in the way.” It’s easy to get caught up in the rigors of daily activities and responsibilities, so when the holidays roll in we feel a kind of pressure to be exceptionally “good.” We speed through family and business affairs, doing our best not to fight.

But it’s in the nature of planning for, and traveling through, the holidays (finance, business, shopping, travel, family) when disputes sometimes rear their ugly head. If you find yourself dealing with a insurmountable problem, talk to an experienced mediator as soon as possible. Whatever your dispute, mediation is a positive, inexpensive way to approach it. Resolve your problems quickly so you can be truly thankful this holiday season.

To Stay or Not to Stay (at the Divorce Hotel)

For approximately $3,500, couples can stay at a luxury hotel in The Netherlands and enjoy room service, beautiful scenery, and…a divorce. The idea for a “divorce hotel” was developed by Dutch entrepreneur Jim Halfens as a celebrity divorce destination.

A team of lawyers, divorce mediators, and counselors, as well as the regular hotel staff, help couples who have markedly simple marital arrangements facilitate quick and comfortable divorces. This kind of divorce is for cooperative couples with their own assets who don’t have young children together.

While it seems a long way off, a 2 1/2 day vacation is actually what divorce mediation might seem like to couples who thought litigation was their only option. If only we offered complementary dessert.

Read the full article here.

Transformative Resolve: ADR for your health

Holding a grudge and feeling resentment toward someone who injures you is a natural feeling for most individuals, but it can lead to problems, especially during alternative dispute resolution.  Most people who hold a grudge do so until they receive an apology or compensation for what ails them, but this attitude can be very counterproductive during dispute resolution.

Mediation has tremendous power to bring multiple parties toward an amicable compromise, but it cannot force parties to rid themselves of previous resentments. There are ways, however, to encourage parties involved in a mediation case to let go of their preconceptions and anger. Resolution will occur more quickly and lead to a potentially more agreeable solution if it’s based on mutual understanding. The mediator in any case, whether divorce, business, or personal, will help level the playing field, so the parties involved are compensated and able to resolve not only the dispute, but their feelings about it.

 

Transparency in Mediation

An important factor in alternative dispute resolution is the manner in which each party handles the exchange of relevant information. The litigation process is known for concealing relevant information from opposing parties; however, new legal transparencies and software make it difficult to “hide” information.

Mediation is a very straight-forward and transparent process at its core, which means sharing information among parties helps facilitate the resolution.

Each party, attorney, mediator and neutral brings something important to the mediation process, and understands the value of a smooth dispute resolution.  Sharing relevant information is helpful and will not hinder the ADR process, because it acts to bring each party closer the fundamental details of the case.