Mediation and Arbitration Double Talk, Say What???

masterduke · #1 12-26-2006, 08:06 AM

In my text book titled, Litigation and Trail Practice for the Legal Assistant, There is an interesting and confusing statement others may find of interest.
"Parties and Lawyers increasingly tend to look to mediation and arbitration as alternatives to civil litigation. Paralegals MAY handle ANY aspect of these dispute resolution methods because they ARE NOT Judical Procedures and thus DO NOT reguire a license to practice law. Most of the skills that paralegals develop in handling civil litgation are basic to handling mediation and arbitration. Of course, paralegals may not render legal advice while handling a matter in arbitration."
Say What??? In this paragraph it states that these methods are not judical, so what gives them any authority to enforce anything they come up with? And if this does not require a "license" then why can't a person render help to some poor soul being attacked by debt attorneys in this procedure? Any thoughts or insights? Sounds like even further proof that these skunks(debt attorneys) do not have any Standing to proceed with anything regarding "debt collecting"?

2tim215 · #2 12-26-2006, 09:42 AM

If anyone could become a mediator or arbitrator (such as the common man) then the principle sounds good. The way they cover themselves is to give these jobs to retired judges and attorneys although there is no such requirement and if anyone would try and start a "fair and impartial" arbitration firm, they will be immediately shut down through injunctions and litigation and restraining orders until they ultimately will win by attrition and the courts whose judges get a nice part time income in addition to their retirement package from government will support these injunctions. It's known as rackteering. Many have tried and have all been shut down. At least this is my take on it.

2tim215

B Rookard · #3 12-26-2006, 09:43 AM

What's confusing?

You can be the negotiator in a dispute.

Just don't practice law when you do it (in other words, during the course of your negotiations, don't advise the parties about the LEGAL aspects of their case ... you might advise on OTHER aspects ... just not the LEGAL aspects).

You have to know what constitutes acts constitute the "practice of law." Some acts are the practice of law, others ar not.

masterduke · #4 12-26-2006, 02:32 PM

B Rookard, O.K. I'll accept that but what about the legal standing of an arbitration "ruling"? if it is not a "judical procedure" then why does one have to file an "appeal"(or whatever it is called) in a Fedral District Court to obtain a "stay" pending the decision of the fed court ruling on the "merits" of the Arbi award? And you only have 90 days to file said appeal. After that the matter is "settled" and the robed crook/court rules won't even allow it to be heard/contested/appealed/nothing, as the matter is considered "settled" forever???????????????
What am I missing here except brain cells?

ndusa · #5 12-26-2006, 03:01 PM

This probably differ's greatly from state to state. You book in my opinion is talking "genraly".

Represent yourself. Arb., in my opinion does nothing more than slow everything down. ITs made for insurance companies, so they can starve you to death befor you get to court. But, your at times bound by this damn thing! Such as workers comp cases. Some states require you to do this, so they can browbeat you before court.

As far a paralegal, don't think you want to have one of them speaking for you. They would be great to look things up and keep your file in order(thats what they do). Again, depends on where you live, non-bar shysters are basically a paralegal.

Good catch in that paragraph by the way! Shows you are reading and comprehending(even though its confusing) what is in your book. Keep it up!

2tim215 · #6 12-26-2006, 03:20 PM

Quote:

Originally Posted by masterduke

B Rookard, O.K. I'll accept that but what about the legal standing of an arbitration "ruling"? if it is not a "judical procedure" then why does one have to file an "appeal"(or whatever it is called) in a Fedral District Court to obtain a "stay" pending the decision of the fed court ruling on the "merits" of the Arbi award? And you only have 90 days to file said appeal. After that the matter is "settled" and the robed crook/court rules won't even allow it to be heard/contested/appealed/nothing, as the matter is considered "settled" forever???????????????
What am I missing here except brain cells?

You can appeal but there's only two cir***stances which I know where you might have a legitimate appeal, they would be rule 60b (some states) based on some "intrinsic fraud" which you believe was perpetrated by the Claimant or if you can prove that there was "Manifest Disregard of the Law" by the arbiter neither of which is easy to prove.

I am not an attorney and in no way is this intended to be legal advice.

2tim215
2 Timothy 2:15 (KJV) Study to show thyself approved unto God, a workman that needeth not to be ashamed, rightly dividing the word of truth.

B Rookard · #7 12-26-2006, 04:21 PM

Quote:

Originally Posted by masterduke

B Rookard, O.K. I'll accept that but what about the legal standing of an arbitration "ruling"? if it is not a "judical procedure" then why does one have to file an "appeal"(or whatever it is called) in a Fedral District Court to obtain a "stay" pending the decision of the fed court ruling on the "merits" of the Arbi award? And you only have 90 days to file said appeal. After that the matter is "settled" and the robed crook/court rules won't even allow it to be heard/contested/appealed/nothing, as the matter is considered "settled" forever???????????????
What am I missing here except brain cells?

Arbitration generally arises as part of a contractual arrangement (wherein you agree that when there's a dispute, instead of suing, you will be bound by the terms of arbitration).

I actually find it to be very insidious (since most consumers have it foisted upon them in "take-it-or-leave-it" contract agreements ... whether for insurance, credit cards, etc.)

The courts used to have great animosity towards arbitration ... but have now come to view it with favor (since it helps ease the burdens on the courts).

In general, courts will honor arbitration agreements ... and if you try to sue instead of going to arbitration, the courts will throw you out of court and tell you to go to arbitration.

Where the courts may intervene is in reviewing arbitration awards. You might have a legitimate beef with the award given by the arbitrator (he ignored contractual provisions, completely erred on the facts, etc.) You may be able to appeal the decision to a court.

In my view, arbitration just sucks, and it is merely becoming a tool by which large companies are trying to prevent anyone from ever suing them. It is one of my top pet peeves.

masterduke · #8 12-26-2006, 08:05 PM

Thanks for the insights B Rookard and Ndusa And 2Tim.
It still seems to have large holes(arbitration) that could be attacked if one knew how. Why are CC banks allowed to use this system when it is not a judical procedure? And as stated, "It is now looked upon with favor by the courts". I thought the courts were the ultimate control freaks and would not tolerate any "parallel universes" operating outside of their white knuckled death grip of control? So how do lowlife operations like NAF, etc. pull this off? It seems that a class action suit against all of these so-called "forums" should be looked into?

ndusa · #9 12-26-2006, 08:28 PM

Quote:

Originally Posted by masterduke

Thanks for the insights B Rookard and Ndusa And 2Tim.
It still seems to have large holes(arbitration) that could be attacked if one knew how. Why are CC banks allowed to use this system when it is not a judical procedure? And as stated, "It is now looked upon with favor by the courts". I thought the courts were the ultimate control freaks and would not tolerate any "parallel universes" operating outside of their white knuckled death grip of control? So how do lowlife operations like NAF, etc. pull this off? It seems that a class action suit against all of these so-called "forums" should be looked into?

Masterduke: I've had to do this arbitration/mediation thing, and it can work in your favor. I went up against Nabors Drilling USA and thier clan of lawyers. The Med. was all gungho to help them, but I was prepaired. I actually did the browbeating lol, and you could here them lawyers scrambling, rusting around as I just kept reading off supreme court ruling after ruling, then explained I had my papers ready to file for work comp court, as was prepairing to go to the Supreme Court after that. The mediator changed her tune in a hurry, as was actually quite helpfull.

Maybe get you a book for your situation, memorize it, dig DEEP into your states laws and decisions. YOu shouldn't have to argue this on paper, which catches them off guard. Again, things are diff. all over, just cover your hind-end, and I think you may be suprised at the outcome. (Of course, I've been wrong before)good luck.

Friendsplacect · #10 12-27-2006, 10:12 AM

If you volunteered into Arbitration at the NAF (National Arbitration Forum) You have a 2% chance of winning. Thats about as fair and balanced as Fox TV.
There is also evidence of a special meeting of companies conspiring together to figure out a way to screw debtors out of their due process rights.
It would be one thing if the Arbitration was run fairly but it looks like they work for the banks.