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Full-Text Articles in Dispute Resolution and Arbitration
Why Mediators Should Be Regulated, Art Hinshaw
Why Mediators Should Be Regulated, Art Hinshaw
Art Hinshaw
In the United States consumers engage mediators on a caveat emptor basis. The regulatory scheme for mediators is a patchwork of mediation referral organizations which allows unscrupulous mediators to exploit consumers with little to no recourse. One egregious example is that of Gary J. Karpin, a disbarred lawyer turned divorce mediator, who used the mediation process to con forty people into giving him approximately $250,000 before taking up residence in prison. In an age when everyone from doctors to cosmetologists is subject to occupational regulation, why are mediators virtually unregulated? Mediators have long been divided on the question of regulation. …
Regulating Mediators, Art Hinshaw
Regulating Mediators, Art Hinshaw
Art Hinshaw
Currently consumers engage mediators on a caveat emptor basis. The regulatory scheme for mediators is, at best, a disjointed patchwork of organizations that make mediation referrals which allows unscrupulous mediators to exploit consumers and hide in the system’s holes. One egregious example of abuse comes from Gary J. Karpin, a disbarred lawyer turned divorce mediator, who is believed to have used the mediation process to con hundreds of people into giving him an estimated $1 million before taking up residence in prison. His con was so successful in part because there was no natural place for his victims to turn …
Stiffing The Arbitrators: The Problem Of Nonpayment In Commercial Arbitration, Brian Farkas, Neal M. Eiseman
Stiffing The Arbitrators: The Problem Of Nonpayment In Commercial Arbitration, Brian Farkas, Neal M. Eiseman
Brian Farkas
Commercial arbitration is a creature of contract; the parties are there because they choose to be, either including an arbitration clause in their written agreement or, after a dispute developed, electing to avoid litigation all together. Arbitration also comes with an up-front cost non-existent in litigation: the arbitrators. Taxpayers pay for their state and federal judges, but the parties themselves pay for their arbitrators. But what happens if one party refuses (or is otherwise unable) to pay the arbitrator? If the arbitrator then refuses to proceed, as is likely, should the dispute revert to court, in derogation of the prior …