Vote, vote, vote!

On Tuesday, Nov 4 the polls will open for our votes and although I am sure most of you already know for whom you will cast your vote, what is not clear, are all those propositions.

In California there are quite a few important issues for us to consider, but the problem is that the media and everyone else for that matter is influencing our decisions. Let us take Prop 8, the proposition against gay marriage. So far all we heard is that it really is not about the marriage factor, but more of a factor of our children's education and whether or not this subject will be thought in school. I have listened to all the pros and cons from all major networks, read newspapers, magazines and the official voting guides and now I am as confused as ever. There is probably and exact 50% pro as there is con and the worst part is that everyone takes excerpts from the Prop, but no one gives you the who written proposition to consider. So how does one remain relatively neutral in their decision and what are the actual facts?

Educating your self on the decisions you are going to make this November is an important part of our right to vote, the problem is that the lawmakers do not particularly want us to be overly informed; however, we the people do mind the low amount of info. So unfortunately, the only way to get to the facts is to dig for them and have the desire to do so.

I guess the point of this blog is simple. Make the best damn decision you are going to make, but no matter what you do, be sure to vote.

Halloween might not be the scariest thing this October.

This October, while all the kids will be going trick or treating, the adults will wonder just how much of their candy purchases should they put on the already full credit card. The scariest part about this holiday is that the fun must go on, but someone will have to pay.

In the past few weeks I actually heard consumers telling me that they cannot settle with their creditors because they must spend money on Halloween celebration. I cannot seem but to wonder, if this is what's happening in October, just what kind of a holiday season do we have to look forward to November and December?

Couple of days ago when mediating a Discover Bank case for over $19,000 I discovered that the creditors also use the same excuse. They did not want to cut the costs due to the approaching holiday, citing the need for more cash flow due to the exponential loss of settlement. Don't even ask about stipulated judgments, apperently no one trust each other anymore - period.

So, boo! And I hope your Halloween goes debt free.

Georgia, Russia and Bush

It isn't often that I agree with president George Bush, but after hearing his short speech regarding the escalating situation in Georgia and a suggestion for an international mediation, I was impressed.

"...President Bush on Monday demanded that Russia end a 'dramatic and brutal escalation' of violence in Georgia, agree to an immediate cease-fire and accept international mediation to end the crisis in the former Soviet republic. "

I must say, however, that I do not envy the mediator who will take on this daunting task. Of course, the other questions is whether Russia and Georgia will accept this "voluntary" and non-adversarial process of dispute resolution.

FresnoBee.com: California: Federal mediator to help resolve tribal dispute

FresnoBee.com: California: Federal mediator to help resolve tribal dispute: "A federal mediator has been asked to resolve a San Pasqual Band of Mission Indians tribal membership dispute.

The lineage of about 80 tribal members is at stake.

Tribal Chairman Allen Lawson wrote the Bureau of Indian Affairs asking for mediation services to resolve feuding factions in the tribe, which operates the Valley View Casino in the Valley Center area.

The bureau says tribal management of the casino operations are subject to federal intervention if stability doesn't return to the five-member San Pasqual governing council.
Information from: North County Times, http://www.nctimes.com"

I thought mediation is...

It seem s that everyday someone will have somehow misunderstand as to what mediation really is. Day in and day out I have to come up with a easier to understand layman's term, which with every revision gets dumber and dumber.

People seem to think that mediators are their to serve as a debt negotiator - no matter the case. Every time I get into heated negotiations over a debt, for instance, and a client will say, "Well, I thought mediation is when you get me a much better deal." They seem to forget that mediating a litigated case means helping them settle outside of the courtroom. This, in turn, forces me to tell both sides to consider the alternatives and realize what it will cost (since that's the only thing that matter to them) if they do not settle. Garnishments, liens or levies mean nothing; all they care about is how big of a reduction can you get me.

People, I am telling you right now. You have to look at the big picture. This is why as human beings we can see in 3D, so that every aspect of a problem is very clear to us. You should start thinking in 3D as well. And remember, we are here to help you; not to get you off scot free.

For more information, please visit: What to Expect from Mediation?

The Good, The Bad and The Debt.

Over the past few months I spent a good amount of my mediation time concentrating on settling collection cases. These cases varied from simple credit card companies trying to collect from their debtors to complex B2B cases and everything in between. This is a short summary of my observations:

The Good
People and companies are extremely receptive to settling their cases without resorting to the adversarial alternative of going to court.

The Bad
The economical state of our nation has degraded to a point where individuals in debt are unable to come up with the funds necessary for settlement; regardless of the terms of the settlements, such as a structured payment plan or a lump-sum resolution.

The Debt
The Catch 22 becomes that individuals which are unable to settle will have their wages garnished due to a judgment granted against them, thus having many of these consumers loose their homes, etc. These conditions force individuals to choose the lesser of two evils and in turn having to have to borrow money from third-party sources in order to keep their salaries and settle their lawsuits. Of course, doing so, gets them deeper into debt.

Solution?
...open to comments.

American Airlines, flight dispatchers to seek mediator | Dallas Morning News | News for Dallas, Texas | Dallas Business News

American Airlines, flight dispatchers to seek mediator

09:50 PM CDT on Thursday, July 24, 2008By TERRY MAXON / The Dallas Morning News
tmaxon@dallasnews.com

American Airlines Inc. and the union representing its flight dispatchers have agreed to jointly ask the National Mediation Board to become involved in their talks.

American and the Transport Workers Union plan to submit their request for a federal mediator today, American said Thursday.

'The company believes that the NMB's assistance with the dispatcher workgroup will be valuable, and we look forward to their guidance as we move into formal mediation,' American said in a hotline message.
The two sides began talks on a new contract in June 2006.

The board currently has mediator Mike Tosi involved in talks between American and its pilots' union, the Allied Pilots Association."

4 hidden ways credit cards help you.

I am re-posting and article from MSN's Money website, but before you read one, remember that the best perk of a credit card, or a credit card company is that no matter how stuck you may think you are in your debt, you may always settle your case through mediation. As addictive as plastic-cocaine is, "rehab" is available.

==============================

If you purchase on plastic, you may have benefits you don't even know about, including extended warranties and theft protection.

By SmartMoney

Faced with flagging sales and an increase in fraud, retailers now make it tougher than ever to return items or exercise warranties. But thanks to some little-known credit card protections, shoppers don't have to get stuck with unwanted or broken merchandise.

Some credit cards offer extended warranties, make price adjustments and even issue refunds on items that cardholders try (and fail) to replace or return at stores. (Typically, silver, gold and platinum cards offer these protections, but some standard cards offer them as well.)
Though nothing new, consumers often overlook these benefits because issuers tuck them away in the "terms and conditions" section of credit card agreements, says Curtis Arnold, the founder of credit card information site CardRatings.com.

To exercise these protections, however, shoppers will need to wade through a lot of fine print, cautions Edgar Dworsky, the publisher of consumer advocacy site ConsumerWorld.org. "(Credit card issuers) may be picky about allowing the claim," he says. The long list of exclusions can include tickets, antiques, refurbished goods and perishable items such as perfume or batteries. Issuers may also restrict claims based on value or purchase date. In addition, a cardholder's account needs to be in good standing, and he or she must first attempt to resolve any issues with the store or the product's manufacturer.

Nevertheless, credit card purchase protections can pay off for consumers, especially when the alternative is to absorb the financial loss or shell out cash for a replacement. Here are four credit card protections every shopper should know about:

Extended warranties
Before you pay extra for an extended warranty, find out whether your credit card will cover it for free first. Credit card issuers often offer warranty extensions.
"The odds of things going wrong in that warranty period are pretty slim, which is why issuers offer them," says Scott Bilker, the founder of financial advice site Debtsmart.com. World MasterCard and American Express cards, for example, double most warranty periods. (These warranty extensions max out at one year.)

Return guarantees
Stuck with an unwanted item because you lost the receipt or missed the short return period? If you can prove you purchased the item (by pinpointing it on your statement) and the store rejected your request to return it, the credit card issuer may accept the item instead.
Capital One's No Hassle Points Rewards card and many VisaPlatinum cards offer up to $250 back per item for up to 90 days after purchase.

Coverage of stolen or damaged goods
Under the Fair Credit Billing Act, a federal law that enables consumers to dispute unauthorized or incorrect credit card charges, every purchase made with plastic carries certain protections.

The law covers everything from double-billing accidents at the grocery store to the handbag you bought on eBay that turned out to be a fake. Theft and accidents happen, but that doesn't mean you're out of luck. Some card issuers will reimburse for damaged or stolen items within 90 days of the purchase date. They usually won't cover loss or normal wear and tear, however, so specify what happened when filing the claim, says Bilker.

Citigroup's Citibank cards, for example, offer as much as $500 to $1,000 back per item in the event of theft, accidental damage or (in some cases) fire. MasterCard offers up to $10,000 per item for Gold-level or better cards -- above and beyond what insurance covers.

Price protection
If the item you recently bought goes on sale or is cheaper at another store, your credit card may refund the difference. Just present proof of the sale price or price change and the original receipt.

The catch: Many issuers exclude prices found at online stores, making the policy significantly less valuable, Dworsky says. Most Chase and Citibank cards refund the difference up to $250, within 60 days of purchase.

This article was reported and written by Kelli B. Grant for SmartMoney.
Published July 15, 2008

Free California Court Summons Help Center Website

Finally! A website dedicated to providing consumers with accurate and free court summons response information.

July 18, 2008 -- Right Triangle Mediation and American Mediation of Los Angeles County has launched a new public service website, www.SummonsHelp.com. In an effort to help consumers properly answer their court summonses and minimize the number of default judgment granted in plaintiff's favor, SummonsHelp.com, provides free information for in pro-per (not represented by an attorney) defendants on how to properly file an answer to their lawsuits. The site is equipped with a talking avatar and guides you through all the questions. After filling out a short form, the respondents will receive a call from a live person who will advice them of the best solution to their case. Whether it is hiring an attorney or settling the case, American Mediation staff will guide the consumers though the whole process. They will even supply the forms necessary to file an answer with the court, including the fee waiver form.

"We are not attorneys and we do not give legal advice, but every civil case has the opportunity to be settled before it gets in front of the judge," said Alex Dukhovny, President and CEO of Right Triangle Mediation and SummonsHelp.com. "In most cases the public only has 30 days from the receipt of the summons to file a response; however, there is very little information out there on how to properly accomplish that. This website will not only give the proper 'how to' information [to the consumers regarding the summons answer issues, but also educate the general public about the affordable and guaranteed Alternative Dispute Resolution available to everyone."

Alex Dukhovny has long been a believer in Alternative Dispute Resolution and between running successful mediation companies and providing international relation advice to a newly found non-profit organization Another Joy Foundation, he is always thinking of revolutionary ways to assist people from all walks of life with their dispute resolution needs.

SummonsHelp.com is free and will remain free for as long as the public needs it. This is just another way in which companies like Right Triangle Mediation and American Mediation give back to the community. If you got a court summons and do not know what to do next, this is your answer.

Consumer Confidence Plunges in March

The AP wire had this headline today, "Consumer confidence sinks to lowest level in five years." What they are talking about is the fact that the consumers stopped spending money, thus sending our economy on a very quick downfall. Meanwhile, President Bush had issued a $600 check to be sent along with the tax returns - for who ever qualifies, but in fact, in the above referenced article, that would be everyone. So what would happen is that you will receive a separate check in your name for six-hundred dollars, which you may deposit to your account and spend anyway you can. The government wants us to spend this money on buying you things and raising our economy in the process, but I bet that we will use this money pay off; partially pay off our over inflated credit card balances and try to reduce the amount of debt we are in.

You see, if this was my idea and I would want the consumers to spend more money, I would never send a check. I would simply send a VISA gift card, thus forcing consumers to spend and even though some would say that this is not fair, I say that desperate times call for for desperate measures.

Forgetfulness - One of The Deadly Sins

It has been quite a long time since my last Blog entry. Is it because I had nothing to say? Is it because I did not want to say anything? Or is it because I forgot? Yes, forgot. I always wondered how people could forget to take care of something important, something that seems impossible to neglect. Paying your bills, picking up your kid from school, going to an interview or getting legal help. How can you forget? It is only recently that I found my self in these forgetful situations.

My business takes up a large part of my life and I try to remember everything I need to do, which incidentally, includes this Blog. Everyday I remember the tasks I need to perform for the day, my calendar reminds me of important phone calls and appoints, my BlackBerry notifies me of an email and my girlfriend of our anniversary. These are the things I try to keep in my mind and not to forget, but how about the other things, the secondary things, why do we forget?

I wondered about that question for a good few days and realized that it is all a matter of prioritizing. Not to say that your kid is not important enough to pick up form school, but let's face it sometimes our priorities are misplaced. So when it comes to taking care of a recently served and received court summons most people's priorities are definitely misplaced. As a mater effect it is so bad, that most of the people do not even read the summons until it is too late to respond. I realize that getting legal help is not something we do everyday and it is not as easily replicated on regular bases as let's say brushing your teeth. However, I am still a firm believer that even though there is not a lot of places to get legal help in resolving your dispute the resources are out there.

I am going to stop here or otherwise I will go into all of the benefits of mediation which I talk about every time, but from this moment on I will try to make it a habit to blog more often and you should make it a habit to re -prioritize according to situations and remember to use all the resources available to you in dispute resolution - especially in our economy.

What if you cannot get in touch with them?

First and foremost, since my last post was on Thanksgiving, please allow me to say Merry Christmas, Happy Hanukkah, Happy Kwanzaa and a Happy New Year! - I hope I did not forget anyone.

Over the holidays I found my self in a very interesting dilemma. I was following up on a few cases I had mediated, but not yet settled and ran into a problem. It appeared that I had absolutely no problem of getting to one side, but not the other side of the disputants. When the defense was available, the plaintiffs were not and vice versa. It seemed that one side would accept the terms, but I was unable to get the okay from the other side in order to close the deal. This got me thinking, "Am I able to accept the terms temporarily without the other sides approval?"

Of course not! However, it did give me another challenge as a mediator - stretching time in order to create a resolution. Please not, that at not time during any of these proceeding did I lie about the reason for buying more time. On the contrary, I was very honest and used all the finesse I could muster. Without going into much detail out of respect to the confidentiality between me and parties, I do want to say one thing. When you have a lot of money (or any amount of money) riding on something and a pretty strict deadline, keep you cell phone on and check your voice and email messages as often as possible.