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eMediate - Online Mediation
FAQ - Frequently Asked Questions
How do I know I will get a "fair shake"?
You have our assurance that we hear every dispute with fairness and without conflict of interest. This is more than the courts promise.
Can a customer sue me in court?
We can't guarantee against that possibility. The courts are jealous of their monopoly and may (wrongly) claim jurisdiction. Your greatest protection against this is making sure you have a valid written contract with the customer agreeing to private resolution with eMediate. If sued, you must defend against that court's jurisdiction by submiting your contract and telling the court to enforce the clause requiring private resolution.
But can't the courts overturn my contract?
Yes they can. Your customer can claim the contract isn't valid. See the article on contract validity here. In brief, to be valid there must be a "meeting of the minds" (not just a signed and possibly unread form) and there cannot be a strong party (you) overbearing a weak customer.
Can you hear malpractice claims?
Yes. See this article about malpractice claims.
Can you hear xxxxxx claims?
Probably. Any type or class of claim can be arbitrated IF the parties agree AND there is no specific law against it. Even IF there is a law against forcing arbitration in a specific category of claims, the parties, if they agree, can have the claim arbitrated. ONLY if one party refuses to arbitrate AND can point to a specific law reserving his right to the courts, can the claim be forced into the courts.
Your prices seem high?
Have you been sued in court before? eMediate is a non-profit organization but we need to pay our expenses. These include costs even when we are NOT hearing your claims and being paid by you. For this reason, we accept donations here.
How do you provide all these services so inexpensively?
eMediate is a non-profit organization. We don't have fancy courthouses and a large staff of bureaucrats. We don't pay full-time attorneys' salaries and we don't have to deal with attorneys in hearings. This means we probably won't get bogged down by thousands of pages of writs and motions. The mediation process is very informal, meaning there isn't a lot of cost getting to the basics of the disagreement. This allows us to give you a fair price if your dispute goes to arbitration. Finally, we operate in cyberspace which reduces our costs.
How do you know all the laws all over the world?
That is a fair question. We do not. Instead of using all the local codes and regulations to decide a claim, we base our decisions on natural law, contract law (what was promised), common sense and the law of fairness. Against these, there can be no law. (if you feel that some local code is important to your case or contrary to our rule, you can bring it to the attention of the examiner).
Why don't you list a telephone number or address?
Because we operate in cyberspace, all our communications are over the internet. This saves us time and expense, making better value for you.
Where are you located?
We are "located" in cyberspace. This means we (our staff) may be anywhere in the world at any given moment. This provides greater ease and privacy for you and us. We are only seconds away from wherever you are.
Legal Issues
You have our assurance that we hear every dispute with fairness and without conflict of interest. This is more than the courts promise.
Can a customer sue me in court?
We can't guarantee against that possibility. The courts are jealous of their monopoly and may (wrongly) claim jurisdiction. Your greatest protection against this is making sure you have a valid written contract with the customer agreeing to private resolution with eMediate. If sued, you must defend against that court's jurisdiction by submiting your contract and telling the court to enforce the clause requiring private resolution.
But can't the courts overturn my contract?
Yes they can. Your customer can claim the contract isn't valid. See the article on contract validity here. In brief, to be valid there must be a "meeting of the minds" (not just a signed and possibly unread form) and there cannot be a strong party (you) overbearing a weak customer.
Can you hear malpractice claims?
Yes. See this article about malpractice claims.
Can you hear xxxxxx claims?
Probably. Any type or class of claim can be arbitrated IF the parties agree AND there is no specific law against it. Even IF there is a law against forcing arbitration in a specific category of claims, the parties, if they agree, can have the claim arbitrated. ONLY if one party refuses to arbitrate AND can point to a specific law reserving his right to the courts, can the claim be forced into the courts.
Your prices seem high?
Have you been sued in court before? eMediate is a non-profit organization but we need to pay our expenses. These include costs even when we are NOT hearing your claims and being paid by you. For this reason, we accept donations here.
How do you provide all these services so inexpensively?
eMediate is a non-profit organization. We don't have fancy courthouses and a large staff of bureaucrats. We don't pay full-time attorneys' salaries and we don't have to deal with attorneys in hearings. This means we probably won't get bogged down by thousands of pages of writs and motions. The mediation process is very informal, meaning there isn't a lot of cost getting to the basics of the disagreement. This allows us to give you a fair price if your dispute goes to arbitration. Finally, we operate in cyberspace which reduces our costs.
How do you know all the laws all over the world?
That is a fair question. We do not. Instead of using all the local codes and regulations to decide a claim, we base our decisions on natural law, contract law (what was promised), common sense and the law of fairness. Against these, there can be no law. (if you feel that some local code is important to your case or contrary to our rule, you can bring it to the attention of the examiner).
Why don't you list a telephone number or address?
Because we operate in cyberspace, all our communications are over the internet. This saves us time and expense, making better value for you.
Where are you located?
We are "located" in cyberspace. This means we (our staff) may be anywhere in the world at any given moment. This provides greater ease and privacy for you and us. We are only seconds away from wherever you are.
Legal Issues