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Author Topic: Bitcoin Dispute Resolution Mediation Services  (Read 3635 times)
Nolo (OP)
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September 19, 2012, 06:37:06 PM
Last edit: September 19, 2012, 07:00:06 PM by Nolo
 #1

In my short time of being active in the bitcoin community I have noticed quite a bit of angst that there is no satisfactory way of resolving disputes among individuals.  There are some things that cannot be controlled due to the anonymity that inherently exists.  There will always be scammers.  Those that have no morals and only appear to steal and then disappear never to be heard from again.  There is very little that can be done with these individuals, other than try to identify them and not do business with them.

However, the majority (or so I like to believe) of the community actively strives to fulfill their end of the bargain.  It is disputes between these individuals that I offer my services to.  If you are involved in a contract dispute or a trade gone bad, then contact me.  If both parties are willing, and agree to the mediation contract, then I will assist in reaching what I believe is a fair settlement between the two parties.  My decision will be nonbinding upon the parties, unless the parties agree on the front end that it will be binding.  

I feel this is a better result, then simply turning to the forums to engage in name calling and false accusations.  

Fee structure is as follows:
Amount in Dispute: 1-10BTC
Fee: .5BTC per party

Amount in Dispute: 11-99BTC
Fee: 1BTC per party

Amount in Dispute: 100+BTC
Fee: 2% of amount in dispute per party

The mediation will be kept confidential, unless both parties agree otherwise.  If either party breaches confidentiality without the other's consent, that will be deemed a breach of ethics of the individual, and should serve as a warning against anyone doing business int he future with that individual.  

I look forward to helping as many of you as possible that are having issues with these matters.  

Charlie Kelly: I'm pleading the 5th.  The Attorney: I would advise you do that.  Charlie Kelly: I'll take that advice under cooperation, alright? Now, let's say you and I go toe-to-toe on bird law and see who comes out the victor?  The Attorney: You know, I don't think I'm going to do anything close to that and I can clearly see you know nothing about the law.
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Fjordbit
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September 19, 2012, 06:48:03 PM
 #2

I agree with your thesis, but why should we trust your judgement? If you are only going to make 1% on the deal, what guarantees do we have that you won't accept a bribe? Finally, how can we ensure enforceability of your decision.

This isn't something that an individual can solve with a service, it's something we as a community need to solve and then subscribe to the solution. Look up the use of Dispute Resolution Organizations in voluntary societies as an example of a philosophical approach to this problem. The key isn't the organization but the community's respect for the DRO.
Nolo (OP)
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September 19, 2012, 06:54:16 PM
 #3

I agree with your thesis, but why should we trust your judgement? If you are only going to make 1% on the deal, what guarantees do we have that you won't accept a bribe? Finally, how can we ensure enforceability of your decision.

This isn't something that an individual can solve with a service, it's something we as a community need to solve and then subscribe to the solution. Look up the use of Dispute Resolution Organizations in voluntary societies as an example of a philosophical approach to this problem. The key isn't the organization but the community's respect for the DRO.

It's no different than mediation in offline life.  Mediation is nonbinding.  (Unless the parties agree to be bound by the decision of the mediator).  Why trust my judgment?  I have extensive experience in mediation.  Plus I can guarantee my judgment will be better than screaming at each other in back and forth forum posts.  All disputes will be decided based on principles of common law and equity.  

And it is a service that is needed in offline life and online life for the same reasons.  Besides, if both parties are willing to submit to the process, then both have clearly made their interest in amicably resolving the conflict known.  

Why wouldn't I accept a bribe?  Because I'm not a scumbag lol.  (And that would pretty much guarantee I'd be labelled a scammer and never get any more business).  Also once again it is nonbinding.  A party would be wasting their money in bribing me to reach a crazy decision, when the otherside could still refuse to carry it out.  (Of course unless they agreed to be bound by the decision originally)

Edit:  But you did convince me of one thing.  1% for over 100BTC is too low.  I've adjusted the fee to 2% per party for disputes of that amount or higher. 

Charlie Kelly: I'm pleading the 5th.  The Attorney: I would advise you do that.  Charlie Kelly: I'll take that advice under cooperation, alright? Now, let's say you and I go toe-to-toe on bird law and see who comes out the victor?  The Attorney: You know, I don't think I'm going to do anything close to that and I can clearly see you know nothing about the law.
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Nolo (OP)
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September 25, 2012, 05:42:49 AM
 #4

Bumpity bump bump bump  Grin

Charlie Kelly: I'm pleading the 5th.  The Attorney: I would advise you do that.  Charlie Kelly: I'll take that advice under cooperation, alright? Now, let's say you and I go toe-to-toe on bird law and see who comes out the victor?  The Attorney: You know, I don't think I'm going to do anything close to that and I can clearly see you know nothing about the law.
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Nolo (OP)
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September 25, 2012, 06:06:07 AM
 #5

I think this is a much needed service in BTCland. But sadly like always it will take a while to gain the trust of the community.

Agreed.  That's just how it is in actual practice.  You don't get referrals from judges and other attorneys until you've proven yourself.  Start out slow and steady.  The tortoise always wins the race Smiley 

Charlie Kelly: I'm pleading the 5th.  The Attorney: I would advise you do that.  Charlie Kelly: I'll take that advice under cooperation, alright? Now, let's say you and I go toe-to-toe on bird law and see who comes out the victor?  The Attorney: You know, I don't think I'm going to do anything close to that and I can clearly see you know nothing about the law.
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September 25, 2012, 06:10:04 AM
 #6

I think it would help your start if you would only charge payment if both partys came to an agreement for the first couple of cases (lets say first 5?), to make yourself and your service a name.

Also, many disputes go on over what something is worth in BTC. In that case you would have a conflict of interest yourself, as you get paid more if you work both partys towards the higher sum. How would you handle that?

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Nolo (OP)
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September 25, 2012, 06:14:31 AM
 #7

I think it would help your start if you would only charge payment if both partys came to an agreement for the first couple of cases (lets say first 5?), to make yourself and your service a name.

Also, many disputes go on over what something is worth in BTC. In that case you would have a conflict of interest yourself, as you get paid more if you work both partys towards the higher sum. How would you handle that?

I could handle your suggestion. 

Also, to avoid the appearance of a conflict of interest on those cases that involve a question of how many BTCs are in dispute, my fee is always handled in advance.  So this would be negotiated prior to mediation beginning.  Therefore, once the mediation began, I would have no stake in whether it settled for 1BTC or 1000BTC. 

My range of a fee is more a guide than a hard and fast rule.  And in every case both sides have to agree to the amount prior to mediation. 

Charlie Kelly: I'm pleading the 5th.  The Attorney: I would advise you do that.  Charlie Kelly: I'll take that advice under cooperation, alright? Now, let's say you and I go toe-to-toe on bird law and see who comes out the victor?  The Attorney: You know, I don't think I'm going to do anything close to that and I can clearly see you know nothing about the law.
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Akka
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September 25, 2012, 08:34:37 AM
 #8

Well, if you are serious with your offer. there is a conflict between Goat and Nefario that is currently escalating.

See: https://bitcointalk.org/index.php?topic=112071.0 and https://bitcointalk.org/index.php?topic=112551.0

I think that's the current conflict with the most public attention here. A good opportunity for you to do some marketing. Maybe offer your service this one time for free and show public that you are truly able to deescalate such conflicts.

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Nolo (OP)
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September 25, 2012, 04:13:19 PM
 #9

Well, if you are serious with your offer. there is a conflict between Goat and Nefario that is currently escalating.

See: https://bitcointalk.org/index.php?topic=112071.0 and https://bitcointalk.org/index.php?topic=112551.0

I think that's the current conflict with the most public attention here. A good opportunity for you to do some marketing. Maybe offer your service this one time for free and show public that you are truly able to deescalate such conflicts.

I'm happy to mediate the dispute.  I posted this thread in that thread.  But that's pretty much all I can do now.  I can't compel either side to do it.  They have to both agree and be willing to amicably settle the dispute.  Others affected by the dispute may want to suggest this as an alternative to the stalemate they find themselves in. 


Charlie Kelly: I'm pleading the 5th.  The Attorney: I would advise you do that.  Charlie Kelly: I'll take that advice under cooperation, alright? Now, let's say you and I go toe-to-toe on bird law and see who comes out the victor?  The Attorney: You know, I don't think I'm going to do anything close to that and I can clearly see you know nothing about the law.
19GpqFsNGP8jS941YYZZjmCSrHwvX3QjiC
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