[Service] Arbitration/Mediation/Dispute Resolution

[myrkul]

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):

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
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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.
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[1714001435]

1714001435

[1714001435]

1714001435

[bitcoinTrader]

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]

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.

[bitcoinTrader]

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

You have any feedback on mediation?

[myrkul]

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.

[LokeRundt]

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

[myrkul]

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.

[beeph]

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

[myrkul]

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.

[minerX]

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.

^

[LokeRundt]

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

[mattboston]

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

[myrkul]

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.

[myrkul]

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

[Raoul Duke]

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

Just for public disclosure: Any customers?

[myrkul]

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.

[silverfuture]

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.   

[myrkul]

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.

[sunnankar]

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]

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.

[myrkul]

Bump.