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Author Topic: [Service] Arbitration/Mediation/Dispute Resolution  (Read 7269 times)
myrkul
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June 22, 2011, 06:43:39 AM
 #1

I would like to offer my services as a Mediator / Arbitrator.

First, a little background:
Arbitration and Mediation are alternatives to the legal system. They are not a court.
Mediators help two parties come to an amicable agreement. They are a disinterested 3rd party who assists the two in coming to an agreement they can both agree upon.
Arbitrators are slightly different. They are a trusted 3rd party whom both parties trust to come to a decision that is mutually beneficial.

As the market is currently empty of both services, I will offer both, at rates to be decided on a case-by-case basis (but never more than $150 equivalent, currently ). The funds will be deposited in a clearcoin (or similar escrow service) account, and held there until both parties are satisfied with the decision. This decision will be PGP signed by myself, and then both parties, and held by myself, and if desired, made available publicly.

I welcome, and indeed encourage, competition.
Contract arbitration clause (use in contracts to agree to use me from the beginning):
Quote
Any controversy or claim arising out of or relating to this contract, or the breach of this contract, shall be settled by binding internet arbitration by Myrkul (https://bitcointalk.org/index.php?action=profile;u=4602) in accordance with his arbitration agreement. The arbitrator's decision shall be final.

The Arbitration agreement can be found here: https://dl.dropbox.com/u/146411/ArbitrationAgreement.txt

A General submission to arbitration (Think of it as a voluntary social contract) can be found here: https://dl.dropbox.com/u/146411/GeneralSubmission.txt

My Bitcoin-otc WOT ratings can be found here: http://bitcoin-otc.com/viewratingdetail.php?nick=Myrkul
-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1

I hereby agree to have any and all disputes arising from my provision of this service settled by binding internet arbitration at Judge.me, in accordance with their arbitration agreement.
-----BEGIN PGP SIGNATURE-----
Version: GnuPG v1.4.10 (GNU/Linux)

iQEcBAEBAgAGBQJQPwhlAAoJEBGpg1gR00HPIc8IAJaPilQUFw76npM7lwuzIdMS
+ju3UDkWbxpx3cOkzv2YD8z6ukPaFj0ZnIkoBKTdf6R3PlQWEYcQOaGpFdMeK847
yzxflGjUBwTSKKafOhLybRpnpY57XhAHw4c0wo7ba9F2LYA8WJTTPcVw2JjXurP+
tqzZRWJREoJMq/zLfHL/EVSpN2jFwmVj1LGDXxBSMomVgNMoRWmn4lH9XyrFFG9O
RPe95aBR15OLEgfEeO+oHg45xuD9CFbYxchaLUyfQoh1d8MlB9lGsEAZ9Y1Hbkol
rXmT82iMJR3HiEbIcZoQqQUI2vU9nchXRtHs2JiibXDCZ4s7hGr2PAq0maZBk9c=
=IrOF
-----END PGP SIGNATURE-----

BTC1MYRkuLv4XPBa6bGnYAronz55grPAGcxja
Need Dispute resolution? Public Key ID: 0x11D341CF
No person has the right to initiate force, threat of force, or fraud against another person or their property. VIM VI REPELLERE LICET
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bitcoinTrader
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June 22, 2011, 09:25:52 AM
 #2

How will you ensure that the transaction has been completed successfully?

Consider this:
A - seller
B - buyer

B sends btc to clearcoin.
A ships item to B.
B claims he didnt get that item / or item is not what was promised.

How will you resolve?

There can be many other scenarios.

myrkul
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June 22, 2011, 04:53:54 PM
 #3

That's a pretty hairy situation. Thankfully, Modern technology has enabled us to resolve it.

If I'm shipping anything via BTC, It's being shipped delivery confirmation (signature required, etc). I'd advise the same for all other sellers. To resolve the issue of the item not being what was ordered, Video conferencing allows both the seller and myself to see the item in question.

For large purchases or valuable items, I would advise bringing the mediator into the loop before finalizing the deal, just as a way to be sure everything goes well.

For special cases, I would also be willing to travel, in person, to settle the dispute, but that, obviously, will increase the cost of the service considerably.

The thing about mediation is that it acknowledges that every case is different. There is no universal law which will be able to be applied to every case. Since every case is different, every solution is different, But I won't be satisfied - or paid - until both people are satisfied.

I would also like to point out that anyone who would like to contract for my services beforehand, as a sort of insurance, can do so free of charge. Holding such a contract is a negligible expense on my part.

BTC1MYRkuLv4XPBa6bGnYAronz55grPAGcxja
Need Dispute resolution? Public Key ID: 0x11D341CF
No person has the right to initiate force, threat of force, or fraud against another person or their property. VIM VI REPELLERE LICET
bitcoinTrader
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June 22, 2011, 05:16:23 PM
 #4

I am looking to buy macbook and iphone.
Might require your services.

You have any feedback on mediation?

myrkul
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June 22, 2011, 05:55:50 PM
 #5

If, by that, you mean do I have a reputation...

The answer is No. I do not have any previous cases to show you.

However, I can make this assurance: I don't get paid until or unless both the buyer and the seller are satisfied.

Since you are looking into this before the purchase, I would advise that you and the seller contract with someone to do the dispute resolution beforehand. You should each choose someone, but there's nothing stopping you from both choosing me. Doing this adds another layer of protection for both the buyer and the seller. You should also choose whether you want mediation, or arbitration, as arbitration is required to be in the contract beforehand, while mediation can be brought in after things have broken down.

BTC1MYRkuLv4XPBa6bGnYAronz55grPAGcxja
Need Dispute resolution? Public Key ID: 0x11D341CF
No person has the right to initiate force, threat of force, or fraud against another person or their property. VIM VI REPELLERE LICET
LokeRundt
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June 23, 2011, 10:13:43 PM
 #6

If, by that, you mean do I have a reputation...

The answer is No. I do not have any previous cases to show you.

However, I can make this assurance: I don't get paid until or unless both the buyer and the seller are satisfied.

Since you are looking into this before the purchase, I would advise that you and the seller contract with someone to do the dispute resolution beforehand. You should each choose someone, but there's nothing stopping you from both choosing me. Doing this adds another layer of protection for both the buyer and the seller. You should also choose whether you want mediation, or arbitration, as arbitration is required to be in the contract beforehand, while mediation can be brought in after things have broken down.

I'm considering  opening/offering escrow/bond services.  I feel the two areas of business coincide/complement each other

I also think "/" isn't used nearly enough

Hippy Anarchy
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myrkul
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June 23, 2011, 10:25:52 PM
 #7

I'm considering  opening/offering escrow/bond services.  I feel the two areas of business coincide/complement each other

I also think "/" isn't used nearly enough

They do indeed.

Don't forget the lowly "\". Windows filesystems can't be the only place.

BTC1MYRkuLv4XPBa6bGnYAronz55grPAGcxja
Need Dispute resolution? Public Key ID: 0x11D341CF
No person has the right to initiate force, threat of force, or fraud against another person or their property. VIM VI REPELLERE LICET
beeph
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June 23, 2011, 10:44:30 PM
 #8

beware scammers.. I hear alot of scammers using this ruse to steal bitcoins.  I'm not accusing original poster, I'm just sayin'

myrkul
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June 23, 2011, 10:47:19 PM
 #9

beware scammers.. I hear alot of scammers using this ruse to steal bitcoins.  I'm not accusing original poster, I'm just sayin'

Should probably be wary of Trolls, too. Roll Eyes

BTC1MYRkuLv4XPBa6bGnYAronz55grPAGcxja
Need Dispute resolution? Public Key ID: 0x11D341CF
No person has the right to initiate force, threat of force, or fraud against another person or their property. VIM VI REPELLERE LICET
minerX
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June 24, 2011, 01:14:22 AM
 #10

beware scammers.. I hear alot of scammers using this ruse to steal bitcoins.  I'm not accusing original poster, I'm just sayin'

Should probably be wary of Trolls, too. Roll Eyes

^
LokeRundt
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June 24, 2011, 09:09:48 PM
 #11

Same issue with offering escrow service as well. . .hmm

Hippy Anarchy
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mattboston
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June 28, 2011, 12:09:11 PM
 #12

That's a pretty hairy situation. Thankfully, Modern technology has enabled us to resolve it.

If I'm shipping anything via BTC, It's being shipped delivery confirmation (signature required, etc). I'd advise the same for all other sellers. To resolve the issue of the item not being what was ordered, Video conferencing allows both the seller and myself to see the item in question.

For large purchases or valuable items, I would advise bringing the mediator into the loop before finalizing the deal, just as a way to be sure everything goes well.

For special cases, I would also be willing to travel, in person, to settle the dispute, but that, obviously, will increase the cost of the service considerably.

The thing about mediation is that it acknowledges that every case is different. There is no universal law which will be able to be applied to every case. Since every case is different, every solution is different, But I won't be satisfied - or paid - until both people are satisfied.

I would also like to point out that anyone who would like to contract for my services beforehand, as a sort of insurance, can do so free of charge. Holding such a contract is a negligible expense on my part.

I've also learned from dealing with eBay to take time stamped photos of what I'm shipping right before packing and shipping.  If I'm buying something, I take pics of the opening process.  It recently saved me when I bought a used Cisco router from an Amazon seller and it turned out to be beat to hell and non-functioning.  He tried to claim that what I got wasn't what he shipped.  I had pics from the unopened box all the way thru the unboxing and pics of the serial and showing the damage when the box was opened.  Saved me $500

Need webhosting?  Willing to trade webhosting and domains for BitCoins.  Contact me
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myrkul
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June 28, 2011, 04:26:44 PM
 #13

I've also learned from dealing with eBay to take time stamped photos of what I'm shipping right before packing and shipping.  If I'm buying something, I take pics of the opening process.  It recently saved me when I bought a used Cisco router from an Amazon seller and it turned out to be beat to hell and non-functioning.  He tried to claim that what I got wasn't what he shipped.  I had pics from the unopened box all the way thru the unboxing and pics of the serial and showing the damage when the box was opened.  Saved me $500

Excellent advice.

BTC1MYRkuLv4XPBa6bGnYAronz55grPAGcxja
Need Dispute resolution? Public Key ID: 0x11D341CF
No person has the right to initiate force, threat of force, or fraud against another person or their property. VIM VI REPELLERE LICET
myrkul
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August 12, 2012, 02:09:51 AM
 #14

Just wanted to make sure everyone knew this was still available.

BTC1MYRkuLv4XPBa6bGnYAronz55grPAGcxja
Need Dispute resolution? Public Key ID: 0x11D341CF
No person has the right to initiate force, threat of force, or fraud against another person or their property. VIM VI REPELLERE LICET
Raoul Duke
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August 12, 2012, 02:16:22 AM
 #15

Just wanted to make sure everyone knew this was still available.

Just for public disclosure: Any customers?

myrkul
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August 12, 2012, 02:18:28 AM
 #16

Just wanted to make sure everyone knew this was still available.

Just for public disclosure: Any customers?

None yet... That may have something to do with the fact that it got shoved into the obsolete subforum.

BTC1MYRkuLv4XPBa6bGnYAronz55grPAGcxja
Need Dispute resolution? Public Key ID: 0x11D341CF
No person has the right to initiate force, threat of force, or fraud against another person or their property. VIM VI REPELLERE LICET
silverfuture
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August 30, 2012, 12:55:03 AM
 #17

DROs are an overlooked necessity for bitcoin as an economy that tends to refrain from using monopoly service providers like the gov't courts which are both highly expensive and have almost zero incentive to provide amicable remedy.    I applaud your efforts myrkul and would consider entering either competitively or cooperatively in time when I have built sufficient reputation.   

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myrkul
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August 30, 2012, 01:10:13 AM
 #18

DROs are an overlooked necessity for bitcoin as an economy that tends to refrain from using monopoly service providers like the gov't courts which are both highly expensive and have almost zero incentive to provide amicable remedy.    I applaud your efforts myrkul and would consider entering either competitively or cooperatively in time when I have built sufficient reputation.   

Thanks. The important thing is that the service is there and utilized.

BTC1MYRkuLv4XPBa6bGnYAronz55grPAGcxja
Need Dispute resolution? Public Key ID: 0x11D341CF
No person has the right to initiate force, threat of force, or fraud against another person or their property. VIM VI REPELLERE LICET
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August 30, 2012, 04:00:19 AM
 #19

Just wanted to make sure everyone knew this was still available.

Just for public disclosure: Any customers?

Not to threadjack, but since it is a relevant thread I have started using judge.me clauses in several contracts executed lately. Will be interesting to see how they perform. Given the increased internationalization and smaller scale of commerce along with increased court costs with lowers qualities of justice and equity therefore I think this niche for private law will continue growing.

myrkul
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August 30, 2012, 04:32:29 AM
 #20

Not to threadjack, but since it is a relevant thread I have started using judge.me clauses in several contracts executed lately. Will be interesting to see how they perform. Given the increased internationalization and smaller scale of commerce along with increased court costs with lowers qualities of justice and equity therefore I think this niche for private law will continue growing.

Judge.me is a great idea. I don't personally know how well they perform, either, but they look like they've got the right plan. The top billed arbitrator on their roster is Stephen Kinsella, which speaks well of them.

With that said, I recognize that I am not as well recognized as they are, and so certainly cannot command their rates. Thus, rather than lose business to them, I will charge, at most, , divided however the clients desire (evenly, or paid by the party found to be in the wrong). Keep in mind that is the max rate, and will not apply to every case.

BTC1MYRkuLv4XPBa6bGnYAronz55grPAGcxja
Need Dispute resolution? Public Key ID: 0x11D341CF
No person has the right to initiate force, threat of force, or fraud against another person or their property. VIM VI REPELLERE LICET
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