Oct 11 2011

Benefits of Using an Arbitrator

Although there are countless benefits of using an arbitrator, we made an effort to concentrate the main ideas into a short-and-sweet article. The following is a friendly list of the five main benefits of arbitration.

More cost effective- Filing for an arbitration case costs considerably less than filing for a lawsuit. Additionally, arbitration usually requires considerably less intervention from lawyers, and the time that it takes to conduct and finish an arbitration proceeding is by-and-large much quicker than trial court. Since less time is required for legal advice and court proceedings the costs are also much better.

Provides relief for the overcrowded court systems- In the US, and worldwide, the court systems are often weighed down with overwhelming numbers of court cases. Arbitration takes away much of the heavy burden from the courts which allows them to function more quickly and efficiently.

Broader Access to Justice- Since trial court is so expensive it is only natural that there are many people that are not able to afford taking their cases to court. As a result, justice is not served with a large and important chunk of the population, namely those who are not wealthy. Socially and morally there is a lot to be desired in a system where the underprivileged can be sued, but they can’t afford to sue. Although arbitration does not solve the problem altogether, because it does cost something after all, being as it is a less expensive process it does allow for more folks to bring their complaints to justice.

People are Pleased with Arbitration- According to published data people who go thru the arbitration process are not any more likely to fight the decisions of that arbitrator than those that have been through the judicial system. In fact, many of the data show that people are actually less likely to challenge the decisions of an arbitrator. The only logical explanation is that people are generally pleased with the decisions that arbitrators reach.

Convenience- Arbitration does not require of people to put everything in legal jargon which takes a lot of time, effort, and if you hire a lawyer, money. Rather, during the arbitration process parties are able to respond to arbitration claims in laymen’s terms in order to explain themselves. Also the hearing dates and times are not assigned, rather everybody involved agrees on a date and time that is convenient for them. Obviously both parties benefit from such flexibility because nobody is forced to take off of work unnecessarily or miss other important affairs.

Now that you have a good idea of the general benefits of using an arbitrator please consider your own specific situation and decide whether these benefits are good for your purposes.

Jul 24 2011

Arbitrator vs Trial Court- the Pros and the Cons

The ultimate goal of an arbitration hearing is actually similar to the goal of Trial court, namely declaring a winner of the conflict and their reward, but there are some very important differences which should influence your decision whether or not to use an arbitrator. This article will explore the differences between going to court vs. using an arbitrator.

One distinguishing characteristic of the arbitrator vs. the court system is the formalities, or more accurately put, the lack of formalities. Although there are exceptions to the rule, all-in-all, arbitration cases are usually much less formal than the trial court procedures. There are usually no discussions regarding which evidence can be presented and what is allowed to go “on record” during arbitrated disputes. Both sides are given the opportunity to present their arguments and their evidence, and then present counter-arguments and then the arbitrator makes a decision.

An attractive offshoot of skipping a lot of the formalities of regular court cases is speed, arbitration tends to be a much quicker way of dealing with disputes than trial court. And naturally, arbitration tends to cost a lot less too.

Note: Although the structure of an arbitration case is usually a lot less formal than in court, as was discussed in the previous paragraph, some arbitration cases are more structured and formal. So in rare cases there may be some discussion as to what evidence can be presented and such.

Additionally, arbitration is usually a private process. Therefore, what is said is not subject to public scrutiny because the doors to the room are only open to those involved in the case. That means that the press are also not allowed in the arbitration room. And not only are ‘outsiders’ not permitted to enter the arbitration room, but once all is said and done, everyone involved is responsible not to leak anything that was discussed to outside ears.

In trial court a plaintiff can force a defendant to go on trial, that is not the case with arbitration. In arbitration cases the opposing parties need to agree to settle their dispute through an arbitrator.

I just want to point out to you that although everyone involved involved in arbitration needs to agree to it previously, not everyone who engages in arbitration are happy about being there. The paradox is not very complicated, actually many people have agreed to settle any disagreement which might occur with a particular organization through an arbitrator. See, in many contracts that business, banks, and other organizations present to those who seek to engage in business with them have clauses which state that the signee agrees to settle any dispute, that may come up, through arbitration exclusively. Have you ever agreed to arbitration without knowing it? It might be time to start reading the small print.

Arbitrators only have the power to decide on whether the award should be given to one party or the other, but other than that they do not dole out punishments to the losing party.

Finally, an arbitrator is only able to decide the result of civil cases and has no authority to decide criminal cases.

All types of dispute resolution processes have their own unique benefits. When deciding on one that is right for you it is important to consider what is most important for dealing with your specific situation.

Jun 05 2011

Court Reporter Job Profile

Sometimes referred to as steno-captioners and stenographers, Court reporters are professionals that create a word-for-word transcript of the verbal speech. They will utilize specific devices such as the stenotype, court reporters are able obtain word sounds in a phonetic code. Within this code, every line of characters signifies one syllable or sound. The career of a court reporter has undergone many positive changes which has made it a highly sought after career.

What is a Court Reporter?

The role of a court reporter is to record word for word verbal testimony for depositions, speeches, conferences, meetings, legal proceedings, and other situations where a verbatim legal record is needed. They can normally type at 225 words per minute. They will also arrange, evaluate, and proof magnetic or printed media transcripts with the aid of special computer transcription software.

Court reporters can be found working in more career fields than just court rooms. They can perform reporter tasks for real-time reporting and broadcast captioning for webcasts. With real-time technology and equipment, they can immediately transfer speech to written text. The text can then be shown on projection screens and computer monitors for viewing in such situations as classrooms, conference rooms, court rooms, and any venue where a group of people will be looking at a screen. As well, court reporters can be found working in the communication translation field to provide the spoken word to hard of hearing and deaf people.

Education

There are many accredited schools, colleges, and universities offering court reporting programs. It is important to attend a school that is certified by the National Court Reporter’s Association (NCRA). These programs mandate that their graduates to be able to type 225 words per minute. Training/education varies according to the type of court reporting. For instance, a beginner voice write can take 33 months to become a real-time stenotypist. It can take 2 years to become highly skilled in real-time voice writing. It can take about 3 months to train electronic reporters as they require a lot of on the job training. Court reporters have the ability to advance their career as they display new experience and complete more certification programs.

Skills

To be a court reporter you must be proficient in stenographic and stenotype technology, listening, and have excellent grammar, punctuation, and vocabulary it is essential to have transcription speeds of more than 225 words per minute.

The salary of a court reporter can vary according to the type of court reporter, the geographic region, and the amount of experience and education. It can vary from $35,000 and $65,000 per year. Career analysts are now forecasting that the job outlook for this career is expected to increase in demand in the coming years due to the increasing demand for accurate transcriptions of different types of proceedings. As well, there is an increased need for live-television captioning as well as translation and broadcast captioning and translating for the deaf. A career as a court reporter is definitely worth considering, particularly in difficult economic times.

May 27 2011

Learn About Credit Card Summons

Being sued for credit card debt is one of the worst things to happen. It’s never a good thing, especially if you have no idea how to handle it. That can easily change though. It doesn’t have to be a horrible experience like it is for some people. There is a way you can win your credit card suit even if you don’t have the money to afford some fancy lawyer. I’d like to help you be better educated about this type of lawsuit and am here to tell you that if I can win, so can you.

When being sued for credit card debt, it really makes a difference if it is by the original creditor or a collection agency. We all hate receiving those calls. For example, if you’re being sued by an original creditor, it is quite likely that they will have all the documents on file to prevail in court. However, they could till slip up and break a court rule during the process, which allows a win for you. On the other hand, collection agencies really never have any documents to prevail in court.

Another thing to take into consideration when you face this issue is how old the debt is. Did you know that the older your debt is, the harder it is to prove? It’s true! Your debt could very well be beyond your Statute of Limitations so be sure to look into that.

Collection lawyers usually believe that by simply giving you a Summons they are going to win because they assume you’re not going to hire a lawyer or even fight the credit card lawsuit. If you do not fight it, they win by default. Please don’t plan on just ignoring your Summons. This could be one of the biggest mistakes to make and I’m here to testify. Take it from me. You can actually win your suit just as I did.

When I received a summons the original creditor was Capital One, and I was still able to defeat them. “How did she do that?” you might ask. Well, I made sure to become well informed, learn my Court Rules and follow them. The whole story is in my book too. Know that there really is no need to fear. As citizens we have rights, and it’s just a matter of educating yourself on the correct way to go about handling your lawsuit. There are two ways one usually gets out of this kind of mess: hire a lawyer or defend the lawsuit yourself. I promise you it is so much easier than you think it is. I’ve been through all this so I know just how it goes. That’s why I wrote a book about it. I was able to win my case, and with my package I am confident that with all the information from my story I can help any normal person like me do the same.