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?
RTM was established not only to provide affordable mediation services, but also to educate the public, and to introduce the advantages and benefits of this alternative dispute resolution. In 2007 RTM merged with American Mediation and history in virtual alternative dispute resolution was made.
Wednesday, July 30, 2008
Tuesday, July 29, 2008
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.
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.
Friday, July 25, 2008
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."
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."
Monday, July 21, 2008
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
==============================
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
Friday, July 18, 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.
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.
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