2009 Noble Peace Prize

The 2009 Noble Peace Prize was awarded to President Barack Obama, "for his extraordinary efforts to strengthen international diplomacy and cooperation between peoples." The keyword being efforts. After the award was announced by the world media a frenzy broke out; and in this frenzy not many were in support of this decision. In my humble opinion it is all because of the keyword.

Now I do not want to start a political clash over the presidency of Barack, but I will, however, give you a different scenario. Would the prize ever go to anyone else for their "extraordinary efforts" other than Mr. Obama? Case in point - a mediator.



Before you say, oh, there he goes again trying to tie everything to mediation. Bare with me for just a minute. Mediators work with disputing parties to accomplish peace between them and settle their disputes. (Hopefully) All mediators give their extraordinary efforts to every case and work very hard at it. Now what is Obama if not a mediator for the Middle East? He is giving his best to try and settle a dispute which has been going on for millenniums and so far has not succeeded. Now as a mediator I know that not every case will settle from the very first time, but when a mediator does not settle a case he/she rarely gets an award.

As I said, mediators (not all - granted) give their extraordinary efforts every day, but do not receive The Noble Peace Prize, so if it was anybody else instead of Obama he or she would never get the prize for effort. Being that effort in science, health or peace; extraordinary or not.

I will say this though, the president decided to donate the monetary award of 1.4 million dollars to charity. Maybe even he thinks its a bit too much.

What You Need to Know About Social Security

This article is taken from Yahoo.com

This benefit should be the cornerstone of your retirement planning. The answers to these five questions will help you to get the most out of it.
(Money Magazine) -- You've probably spent a lot of time sweating over your 401(k) and IRA. But have you given much thought to the way Social Security will fit into your retirement plans?
You should. In fact, Social Security provides 50% of the income for more than half of married retired couples and about 20% for high earners. Moreover, it's the only source of income you're likely to have that's guaranteed to last for life and keep pace with inflation.
But given the complexity of the Social Security calculations, it's tough to figure out how to make the most of it. The amount of your monthly check will depend on when you retire, how much you and your spouse earned, and whether you work in retirement. "That makes it hard to plan," says former Social Security Administration deputy commissioner Andrew Biggs. The following guide will answer those questions and give you strategies that can help you maximize your benefits.

...continue.

Mediation or elese?

Recently I have been hired to assist in structuring a real estate deal. Should this not be the job or a real estate agent?

A property buyer asked me to assist in structuring a purchase deal... well, scratch that, assist in assisting the two RE agents to come to a consensus over the real estate deal they are making. I was very skeptical. However, I realized that sometimes, when the parties cannot agree on an amount to a purchase or a sale having a mediator is very, very useful. I was able to point out great faults with both side's offers and bring them to a close within two hours. I only wish more people would use a neutral third party for their big purchases or sales. Imagine a world where you don't have to deal with a car salesman. (eBay and Chevy - I know.)

Debt Settlement

This is going to be a quick one.

We finally launched a debt settlement service through an affiliate with superb statistics. I am very excited to be able to put my name on a product I trust and provide debt settlement services to new and existing clients in California.

Take a look at it: http://www.rtmediation.com/debt_settlement.htm

More to come later.

iPod, iLife - Slashed!

Apple announced today that they will be slicing prices on the full iPod line in order to compete with Zune and of course sell more product. Meanwhile, people are getting deeper and deeper in debt and are unable to resolve their lawsuits with creditors.

I realize that this sounds like a broken record, but come on, isn't it time for us to stop listening to songs and start fixing our lives?

Bankruptcy

Bankruptcy is a word we hear a lot these days. From TV commercials, to magazine ads and newspapers. Everyone is talking about bankruptcies. In general, I have no problem with someone in trouble filing for a bankruptcy. After all, Donald Trump did it. However, what does bother me is everyday people who get into a little bit of trouble and think that bankruptcy is the cure-all for all their problems. Furthermore, it is the absolute go-to - which it isn't!

People, bankruptcies should be that absolute last case resort. Please do not just jump into a chapter 7 or 11, especially without knowing what it means. Please, find an attorney and get a consultation. Keeping in mind, of course, is that an attorney would want to sell his or her service to you so take everything with a grain of salt. Talk to a financial advisor, a CPA, a friend or perhaps someone who has filed for bankruptcy before. Remember that each situation is unique so the slightest detail can make a world of difference.

Visit http://www.rtmediation.com/bkcy from Affordable Bankruptcy Lawyers for a free consultation and make sure that there are no other alternative before you file. Please.

Put a Rush on It!

Couple of days ago I had a client who was very worried that he did not have enough time to mediate his case and wanted to settle immediately. The terms were simple, the dispute was pretty straightforward and he did not care much about meeting the other side in person. So, I decided to do a virtual mediation and get things done via phone, fax and email. The client (defendant) was very sure about how he wanted to settle and what he wanted to accomplish, so after a short discussion I called the plaintiffs. Please, keep in mind that the defendant was very concerned about the time.

Upon speaking with the plaintiff attorney I was asked to hold on the phone while he would get in touch with his client. Five minutes later we had a settlement. Good news, right? Wrong. Excited about the quick resolution and thinking of how happy the defendant would be I phoned him immediately and informed him that his terms were accepted and the case was as good as settled. To my surprise all I head on the other line was a long silent pause.

We all had that pause, it is the pause when you start doubting your self and your decision of making an offer which got immediately accepted. Should I have gone lower? Did I do the right thing? That little voice inside of us taunting us and saying that you gave up too easy.

The case settled a few days later for the exact same amount as was first discussed; however, I will always remember that no matter how much rush someone is in - timing is everything.

Right Triangle Mediation for All Group

Today I decided to start a new discussion group on LinkedIn (http://www.linkedin.com/groups?gid=2258694). This group focuses on educating and assisting people from all walks of life to resolve their disputes. Disputes happen every single day and most people have a pretty good handle on small problems which they are able to resolve them selves. However, sometimes an opinion from a third party can help in dealing with problems at home, at work and/or in every day situation. Post your problems and scenarios for others to comment on and remember that a professional mediator is only an email or a call away. Also, if you do not have a LinkedIn account, now is a great time to get one - it's free! Oh, and don't forget to connect with me once you do.

The Wall

What happens when an unstoppable force meets an immovable object? Well, in my case, the immovable object wins. However, if you cannot move this object then you must go around it.

In my recent negotiation it seemed like all the moves were being made by the defendant and not the plaintiff. It took a little while to figure this out, but the reason for this paradox was due to the fact that the representative for plaintiff had no authority to make any moves, but just set guidelines. Once I was able to speak and mediate between the two authorized side, we settled.

Remember: Always negotiate with the actual decision makers.

Are you speaking Chinese?

In the workplace arguments happen all the time. Bosses are not satisfied with the employees, employees are pissed of at the bosses, employees vs. employees, etc. Communication is the key, right?

Let's say there is a company out there with a boss who wants to get quicker payments from the vendors. He or she poses a question to the billing department, "What do you think is going to expedite the receipt of the payment from our vendors?" Many different opinions erupt and one person says providing them with a clear, simple and short invoice will help. This seems to be a very good answer on the surface, but poses a problem due to the fact that every invoice has to be signed off by the boss. What is the problem you ask? Well, the boos likes things a certain way and has no idea or interest in knowing as to how his or her vendors prefer their invoices. So the billing department begins to send out the approved invoice design from the boss and the checks do not come any sooner. Why? All because no one took a moment of their time to pose the question of what is required by each and every vendor to expedite the payments.

Collaboration is the key to successful - well everything. One must remember that when writing, designing, creating, cooking or speaking for someone else, it is that person's opinion which counts. Otherwise, something that may be as clear as daylight to you, may might as well be Chinese to your audiance.

Collaborate and succeed.

It's been a while.

I think somewhere around my last post I promised to write more often. Of course, I broke that promise. New policy: Don't make promises you cannot keep.

Case in point - A potential mediation client of mine asked me what kind of guarantee can I give him that the case will get resolved and I answered, zero! He was very surprised that this was my answer, he straight out told me that he would never expect such an unorthodox response. He wanted assurance. Of course the only assurance I can give him is that I would do anything in my power to assist him in settling his dispute, but it seemed like he needed more. I proceeded to tell him that every time you visit a mechanic and he guarantees you that your car will be ready in an hour it rarely is and you leave disappointed. I explained, that I would rather have him be pleasantly surprised than horrible upset. However, he did not budge, he wanted a guarantee and I was not able to promise something I would not be able to deliver.

He might call back or might not, but at least I did not lie about what it is that I was able to achieve for him.

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.