FAQ / GLOSSARY

FAQ

How does Dosenbach & Associates Work?

Dosenbach & Associates uses a simple process to help individuals and companies resolve disputes quickly and fairly. The entire mediation / arbitration process takes place either via skype or in person, where the Parties sign an arbitration agreement, explain their disagreement, upload, exchange and view evidence, propose a resolution, answer the Mediator / Arbitrator's questions, and receive a legally binding and enforceable arbitration award. Arbitration Awards are enforceable in court within the following countries: the US, Canada, the UK, Australia, China, India and many other countries by virtue of The New York Convention which has been signed by 149 countries.

Parties can agree to use one of their preferred Mediator / Arbitrators, or Dosenbach & Associates will assign a Mediator / Arbitrator from its roster of evaluated and pre-approved Mediator / Arbitrators. We use highly respected arbitration attorneys and retired judges, with years of experience in their respective fields.

Go to the How It Works page for more information.

 

What is the cost to use Dosenbach & Associates?

Please contact us to discuss a customized fee structure. We offer various options, such as, a flat all-inclusive fee of 10% of the value at issue split between the parties (includes the Mediator / Arbitrator's time and all administrative fees) up to a value of $50,000 (the dispute's value, not the fee) and 5% thereafter, or a one-time $500 fee per arbitration plus the Mediator / Arbitrator's rate and time, or a monthly fee of $1,000 plus the Mediator / Arbitrator's rate and time. The Mediator / Arbitrator's rate for the latter two options depends on the Mediator / Arbitrator chosen.

In situations where it is only a one-time arbitration, please see more information below in the next FAQ about how payment is structured.

Although we collect your credit card information prior to inviting the Respondent to respond, your credit card will only be charged after the Respondent responds to your claim and a Mediator / Arbitrator is assigned. You can cancel the dispute any time before the Respondent responds and you will NOT be charged at all. We do NOT store your credit card information - read more about this below.

Please contact us for more information on our Mediator / Arbitrators' qualifications and experience. You can find our email address and phone number at the bottom of this page.

Fees options can be found on our Pricing page.

Who pays for the services from Dosenbach & Associates's and what fee do I pay?

Unless otherwise agreed in advance, the Parties split the total fees for the arbitration equally, except the attorney fees, which are borne by each Party separately. On initiating the arbitration process, the Claimant pays the $1,000 minimum cost of the arbitration on behalf of both Parties, however, the Claimant can recover the Respondent's portion of this minimum cost, unless they have agreed otherwise.

For the monthly "Multiple Arbitrations" pricing option, if at least one of the Parties is paying the monthly fee, the other Party is not required to pay the one-time arbitration fee. However the Party paying the monthly fee can recover the other Party's portion of this monthly fee, unless they have agreed otherwise.

Fee options can be found on our Pricing page.

Is video conferencing available?

Yes, we currently use Skype video when a Mediator / Arbitrator requests a video conference. A video conference will not be necessary in all cases. The Mediator / Arbitrator will have a Skype Premium account needed to initiate a group video conference, so the Parties will only need a basic free Skype account.

What clause should I put in my future agreements to ensure that Dosenbach & Associates is used to resolve a contract dispute?

For future disputes, the parties to a contract can provide for arbitration the inserting of the following clause into their contracts:

Any controversy or claim arising out of or relating to this contract, or the breach thereof, upon the request of either party, shall be settled by final and binding arbitration administered by Dosenbach & Associates under its Arbitration Rules, in lieu of litigation, and judgment on the award rendered by the Mediator / Arbitrator(s) may be entered in any court having jurisdiction thereof for enforcement purposes.

Is the resolution with Dosenbach & Associates legally binding?

Yes. The Mediation / Arbitration award from Dosenbach & Associates is a legally binding way of resolving disputes outside court systems. The purpose of arbitration is to bypass litigation and end up with an enforceable decision. Private companies are permitted by similar laws in several other countries to decide cases and hand down legally binding decisions called Arbitral Awards that are enforceable in a court of law on a summary motion or application. Items that are usually not enforceable in this manner are Settlement agreements or other signed contracts. In order to enforce those you would have to first litigate the matter.

Dosenbach & Associates provides an arbitration agreement which the Parties sign and return before the process begins. In this agreement the Parties agree to abide by Dosenbach & Associate's Arbitration Rules  and to be legally bound by the Mediator / Arbitrator's decision. If there is an existing arbitration clause in the original contract naming Dosenbach & Associates as the arbitral institution that will conduct the arbitration, it does not matter whether or not the Respondent signs the pre-arbitration agreement on Dosenbach & Associates. They are bound by the clause in the original contract and the arbitration can go ahead without them - the Mediator / Arbitrator's decision will still have the same force and effect.

The Mediator / Arbitrator's decision is provided in writing in the form of an Arbitral Award which is signed by the Mediator / Arbitrator. The Award incorporates the winning resolution. Each Party is provided with a copy of the signed agreement and the Award.

Is the arbitration decision enforceable in my country?

The arbitration decisions that are made by the Mediator / Arbitrators of Dosenbach & Associates are enforceable in courts of law in the US, Canada, the UK, Australia, South Africa, and 144 other countries that are signatories to the New York Convention. A list of the signatory countries is available on the UNCITRAL website.

Who will be deciding the outcome of the dispute?

Depending on the wishes of the Parties to the arbitration, Dosenbach & Associates will either assign an experienced arbitration attorney or a retired judge from Dosenbach & Associate's list of Mediator / Arbitrators that have been vetted and pre-approved by Dosenbach & Associate's advisors; Dosenbach & Associate's advisors can be found on our "Advisors &Mediators / Arbitrators" page. Or the Parties can choose their preferred Mediator / Arbitrator whether they are part of our roster or not. Please contact us at the phone number or email address found at the bottom of this page to discuss the options.

Dosenbach & Associates will assign a Mediator / Arbitrator in absence of an agreement between the Parties to the contrary, from its pre-approved list of Mediator / Arbitrators based on expertise required for that particular dispute.

If the Parties want to choose a Mediator / Arbitrator from Dosenbach & Associate's list, how would this process work?

Each Party will be given a list of Mediator / Arbitrators chosen by Dosenbach & Associate's administrator from its list of Mediator / Arbitrators that have been evaluated and pre-approved by Dosenbach & Associates.

The Parties must choose and the Parties must immediately disclose to Dosenbach & Associates any potential conflict of interest with any of the candidates.

The highest matching Mediator / Arbitrator will be the one assigned to the arbitration. If there is a tie, Dosenbach & Associate's administrator will break the tie and decide whom to assign based on expertise required.

What qualifications are required to become a Mediator / Arbitratorfor Dosenbach & Associates?

  • Minimum of 5 years of senior-level business or professional experience or legal practice, or 3 years judgeship at a superior court level or higher in the US, UK, Australia, Canada, or other select 'Western' countries.
  • Educational degree and/or professional license appropriate to the Mediator / Arbitrator's field of expertise.
  • Training or experience in arbitration.
  • Membership in a professional association.
  • Freedom from bias and prejudice.
  • Ability to evaluate and apply legal, business, or trade principles.
  • Ability to manage the process fairly and expeditiously.
  • Held in high regard by peers for integrity, fairness and good judgment.
  • Dedicated to upholding Dosenbach & Associate's Mediator / Arbitrator oath and the highest ethical standards.

Does it matter where the Mediator / Arbitrator is located?

No the Mediator / Arbitrator does not have to be located in your jurisdiction for the arbitration Award to be legally binding and enforceable in court for your jurisdiction. Because of the various national, state and provincial arbitration laws and The Convention on the Recognition and Enforcement of Foreign Arbitral Awards, is irrelevant where the Mediator / Arbitrator lives or where the Mediator / Arbitrator served on the Bench. The Mediator / Arbitrator can even be in a different country as long as it is one of the signatory countries to The New York Convention.

How can I hire a Mediator / Arbitrator to resolve a dispute?

1. First log into your account, or create one if you don't yet have one. Start by clicking the "Schedule" button from the home page under either Mediator or Arbitrator, select the type of appointment, create or sign into your account, then select the date & time, and fill in all the required fields; submit your retainer fee.

2. Based on the information you provide, Dosenbach &Associate's administrator will either assign your chosen Mediator / Arbitrator, or the administrator will assign the arbitration to an Mediator / Arbitrator with the appropriate expertise.

The administrator and the Mediator / Arbitrator have sworn an oath to maintain the confidentiality of the information the Parties provide.

What kinds of disputes can be resolved with Dosenbach & Associates?

Most types of business & personal disputes can be resolved with Dosenbach & Associates.

Personal dispute examples: Divorce, Child Custody, Domestic Violence, landlord-tenant

Business dispute examples: employment, partnership disagreements, non-payment for goods or services, franchise disagreements, real estate agreements, inadequate goods or services delivered after payment, supplier disputes, debts owing, breach of contract, lease, etc.

Dosenbach & Associates is able to resolve many other business disputes.

How can I convince the Respondent to use Dosenbach & Associates instead of going to court?

  • You may want to provide them these links which provide more information about Dosenbach & Associates which highlight the advantages of using mediation / arbitration: "How Dosenbach & Associates works to ResolveDisputes" and "About Dosenbach & Associates".
  • You can explain to the Respondent that if they win their case through Dosenbach & Associates, they do not have to pay anything. If they force you to take them to court in which they win, they will typically still have to pay most of their own costs (although in some jurisdictions outside the U.S. they might be able recover much of these costs).
  • Even if the other party does not initially want to use mediation / arbitration, it can be used at any time - even after a lawsuit has been filed.

What style of arbitration does Dosenbach & Associates use?

Unless the Parties agree otherwise, the style of arbitration that will be used is known as "Baseball Arbitration" or "Final Offer Arbitration", where the Mediator / Arbitrator must choose to award one of the Parties' Proposed Resolutions. The Mediator / Arbitrator cannot award anything significantly different from one of the resolutions proposed by the Parties, although there is some leeway as noted in Dosenbach & Associate's Arbitration Rules. The Mediator / Arbitrator may grant any remedy or relief proposed by the winning party that the Mediator / Arbitrator deems just and equitable and within the scope of the agreement of the Parties, including, but not limited to, specific performance of a contract.

What are my options if the other Party does not abide by the Mediator / Arbitrator's decision?

This rarely happens. It is highly unlikely that the other Party would risk ignoring the Award since they agree in the pre-arbitration contract to pay for all the costs to enforce it if they don't abide by the Award, including attorney fees.

But if it becomes necessary, you can ask a court, in a summary motion or application, to "confirm the Award" (convert it into a judgment) and then enforce it just like you would any court judgment (e.g. seize assets, garnish bank accounts). If the Award is for a local dispute (not international), it can be confirmed and enforced under that country's or state's/province's applicable arbitration Act. If the Award is for a cross-border commercial dispute, it can be confirmed and enforced in any of the 149 countries that are signatories to the New York Convention.

Although confirmation of the Award requires judicial involvement, it is typically a summary proceeding which is relatively quick and inexpensive - it is NOT litigation and NO trial is required. The various state/provincial and national arbitration Acts (legislation on arbitration) have laws dealing with arbitration awards that express a presumption that courts will convert ("confirm") an arbitration "award" (the Mediator / Arbitrators' decision) into a court judgment on a summary application or motion to the court, unless there are extenuating circumstances such as fraud, corruption, prejudice, or something similar. The court plays a mostly administrative role in confirming the Award. The Party simply has to follow the applicable procedures and rules for this type of application to a court which has proper jurisdiction, and the confirmed Award becomes an enforceable judgment.

Different locations have different time limitations for confirming an Award, typically between 1 year and 3 years from the date the Award is issued.

*This is not legal advice and should not be construed as such. You should seek competent legal counsel for any legal advice if one Party does not honor the Award and it becomes necessary to enforce it.

What laws are used to determine the outcome of a dispute?

Unless the Parties agree otherwise, arbitrations on Dosenbach & Associates are decided based on the principle of "Ex Aequo Et Bono" - what is fair and just given the circumstances and the facts surrounding the dispute - and American legal principles, not the codified or common laws of any one jurisdiction. Examples of American legal principles include: the right for private parties to enter into private contracts; a contract consists of voluntary promises between competent parties to do, or not to do, something, which the law will enforce; equality before the law; et cetera.

Unlike in government courts, your case will not be decided based on a technicality or a rule that doesn't make sense. Mediator / Arbitrators on Dosenbach & Associates are not influenced by how well-spoken you are, or whether you can afford a high-priced attorney who knows how to manipulate the laws and loopholes to one party's advantage.

Is my credit card data or other payment information safe with you?

We do NOT store any of your confidential credit card information on our servers. We use a well-known payment processor, PayPal, to process all payments.

What oath do the Mediators / Arbitrators take before being accepted on Dosenbach & Associates?

Prior to conducting arbitrations on Dosenbach & Associates, Mediator / Arbitrators must take the following oath:

I do solemnly swear and affirm that I understand and I will:

  • Provide truthful and accurate information to all Parties and Dosenbach & Associates about my qualification, experience and credentials.
  • Fairly, impartially and justly conduct my activities as a neutral based only upon the merits of each case.
  • Disclose to all Parties and Dosenbach & Associates as soon as possible any information which could call into question my impartiality or lack of independence.
  • Conduct my activities as a neutral in a prompt and professional fashion.
  • Comply with all applicable ethical rules, regulations and standards as from time to time adopted by Dosenbach & Associates, or by the ADR and ODR industry in the U.S. and Canada.
  • Diligently apply all rules and procedures as agreed upon by the Parties or as specified by Dosenbach & Associates.
  • Keep all information obtained from the Parties confidential and not disclose that information to any other person, nor use that information other than for the sole purpose of executing my duties as a neutral, without the express consent and authorization of all of the Parties.

How does Dosenbach & Associates use our information?

Your information is only available to you and those you choose to share it with. Dosenbach & Associates does NOT share or sell your information to third-parties, including advertisers. Please read our Privacy Policy for more information.

Are the documents and data I provide secure?

The security of your information is very important to us. The information you provide is secure. The only people who can see the information you upload or provide are the Mediator / Arbitrator, the administrator who has signed a confidentiality agreement, the other Party to the dispute and the people you choose to share it with. We will NEVER share any confidential information. When you enter confidential information we encrypt that information using 256-bit encryption technology using a brand-name SSL certificate. Files you upload are stored with Amazon Web Services (AWS), an industry leader in secure document storage.

We do NOT store any of your confidential credit card information on our servers. We use a well-known payment processor, Paypal, to process all payments.

We follow generally accepted industry standards to protect your information, both during transmission and once we receive it. No method of transmission or storage is one-hundred percent secure so we cannot guarantee its absolute security.

Who can see our dispute?

All disputes are private. The only people who can access the virtual dispute room and see the information posted are the Mediator / Arbitrator, the administrator who has signed a confidentiality agreement, the other Party and the people you choose to share it with.

Do I have to use my real name?

Yes. You are required to use either your full legal name and/ or registered business name.

What browsers are supported?

IE 9 and higher. Chrome 30 and higher. Firefox 30 and higher. Safari 5 and higher. And iPhone, iPad, Android.

What is Online Dispute Resolution? 

Online Dispute Resolution, commonly known as "ODR", is the online version of Alternative Dispute Resolution (ADR) and includes mediation and arbitration; it is basically any form of dispute resolution that does not rely on litigation and the judicial court system. Arbitration uses a process that is similar to litigation, but without all the formal complex rules and procedures that govern litigation. It is a private process.

What is arbitration?

Arbitration is a legal dispute resolution process whereby a neutral third party, hereinafter referred to as the "judge" makes a determination of an award based upon facts. Arbitration was created to avoid lengthy court trials and costly attorney fees by appointing an individual with extensive technical knowledge and experience to resolve a parties dispute. In complex cases, more than one arbitrator may serve on a panel; and collectively agree on the award.

Arbitration is similar to litigation in many respects except that it is typically quicker, more convenient, and significantly less costly than litigation. Parties to the dispute can usually save many thousands of dollars.

What are my options if I think the Mediator / Arbitrator's decision is incorrect?

Generally there is no right to appeal an Mediator / Arbitrator's Award from Dosenbach & Associates. However, there are a few specific limited instances where a court may grant an appeal, or vacate or correct the Award. This usually only happens when the Party can prove there was fraud, corruption, prejudice or something similar. There are time limits in which you must make an application to the court to assert these allegations; these differ depending on the situation but it can be as few as 30 days.

*It is best to seek competent independent legal counsel for legal advice in these situations.

What if there is an arbitration clause in an agreement signed by another Party naming Dosenbach & Associates as the arbitral institution, but the Party refuses arbitration?

Generally if such agreement exists, even if the other Party refuses to participate, the arbitration can proceed in their absence and the Mediator / Arbitrator's decision will have the same force and effect as if the other Party had participated. A court of competent jurisdiction will typically enforce the award. However, there are exceptions to every rule. It is best to seek competent legal counsel in these situations.

If this situation occurs, you should inform us by clicking on the "email" link at the bottom of this page; make sure to send the request from the email address you use to log in to your account.

What is Mediation?

It is a dispute resolution process whereby a neutral (mediator) facilitates communications between parties with hopes to concur a mutual agreement. Mediation has become increasingly popular with court systems as a legal alternative solution to contract, employment, civil, divorce (child custody and separation of assets) and a growing concern for elderly care. Mediation expedites the resolution process while minimizing costly legal fees.

How do I resend an invitation to the Respondent?

If you need to resend the invitation to the Respondent, the only way to do so is to ask us to resend it for you. Please email us your request by clicking on the "email" link at the bottom of this page and make sure to send the request from the email address you use to log in to your account.

How do I upload a profile photo or avatar?

Go to your account profile by clicking on your name at the top right corner of the screen. Choose "Edit Profile". Next to the "Avatar" label click on the "Choose File" button and choose the file you want to upload from your computer. The photo you choose should be smaller than 3MB. Then click the blue "Update Profile" button near the bottom of the page to save it to your profile.

Is Dosenbach & Associates a government organization?

No. Dosenbach & Associates is a private organization; we have no affiliation with any government body. Private entities are permitted by law in the US, Canada, UK, Australia, South Africa and many other countries to resolve disputes and issue legally binding decisions called Awards through a process known as arbitration. These arbitration Awards can be can be enforced in court if a Party does not honor it.

How do I contact you?

If you have any questions, please use the “contact us” tab at the top in the menu bar of every page. Or you at the bottom of every page you can find our email address and phone number. We will make every effort to get back to you within 24 hours and typically much sooner.

What is DIVORCE MEDIATION?

Divorce Mediation is a confidential process whereby a third-party (mediator) facilitates communication between parties that are considering a separation or have filed for a divorce. The process attempts to define mutually-satisfying agreements regarding the separation of assets, division of property, alimony, child support, child custody and child visitation schedules, and any other concerns that the parties need to address. A mediator does not engage in solutions, provide legal advice or make decisions for either party. The Mediator guides parties through the process and their concerns relative to the legal divorce statutes and helps them consider options and alternatives in reaching acceptable agreements that meets the needs of the parties and their families. Most states now offer the option of divorce mediation in order to expedite the process of allowing parties to file, represent themselves and present respective divorce resolutions to the court without lengthy trials or costly legal fees.

Do I need an Attorney to file for Divorce?

Most states offer online filing options for divorce. One party has the right to file for divorce even if the other party is not in favor of it. If the parties are able to work out their differences amicably through mediation, neither party will ever have to step into a courtroom or have family decisions made by a judge. Parties have the right to retain an attorney, but with mediation, it is not required or necessary. An attorney’s assistance is only needed when drafting the final decree based upon the parties’ mutual agreements. The final decree is then submitted to the court for discharge by the reviewing judge.

How long does a Divorce take through Mediation?

Providing both parties are amicably agreeable on all counts in mediation, a divorce can be completed in just a few weeks rather than enduring months of costly legal battles in the court system.

Which assets are separated?

Assets are considered tangible items such as vehicles, property, furniture, recreational vehicles, vacation homes, investments, business partnerships and money. If the party has been married ten (10) years or more, additional consideration may include pensions, retirement income and social security. A mediator will work with both parties to come to an agreeable separation of these assets. Liquidating assets is also something the mediator could facilitate if that should be a more feasible approach.

Will I get Alimony?

If a party has been married for ten (10) or more years, one party may be eligible for alimony if they have been deemed the primary caretaker of the other. For example, the party who may be eligible for alimony may have tended more to household chores and family responsibilities, or set aside a career to help the other be more successful with educational goals or professional career advancement. The amount of alimony one party may be responsible to pay the other is dependent upon ones history of income and the earning potential of the other party in need of the alimony.

Who will be awarded Child Custody?

It is important to understand what child custody means when mediating favorable agreements that meet the needs of the child or children and their parents. A divorce can be an emotional experience for all parties involved if it is not handled appropriately. The custody options available are dependent upon certain circumstances, such as location whether parenting will be equally split between the parents or if one parent takes more responsibility for the decisions of the child or children. In some instances, one parent may have total responsibility for the child or children. Distance between the parents, as well as the time one party has available to raise the child or children with minimal obligation to career or other demanding activities will help the parties decide who has sole physical, sole legal or joint custody.

What is Sole Physical Custody?

Sole Physical Custody is generally awarded to one parent if the other parent is considered unfit due to drug or alcohol dependency; has inflicted some form of abuse; is serving time in jail or prison; or is considered a danger to the child or children.

What is Sole Legal Custody?

Sole Legal Custody allows one parent the right to make important decisions for the child or children until they reach legal age, which may involve visitation rights with the other parent.

What is Joint Custody?

Joint Custody allows for both parents to participate in raising the child or children. Child support, as well as the determination of a child or the children’s primary residence and visitation schedule are determined by each parent’s time availability and the responsibility awarded to each party as the custodial or non-custodial parent.

How is Child Visitation decided?

Visitation and/or overnight stays with either parent are dependent upon two things:

  • 1) The type of custody awarded as mentioned above (sole physical, sole legal or joint custody) .
  • 2) The availability of the parents.
  • 3) Which parent is deemed the custodial or non-custodial parent.

What does Custodial and Non-Custodial Parent mean?

A Custodial Parent is one having legal responsibility for the child or children. This usually means the child or children primarily live with that parent and attend schools and extra-curricular activities in and around their primary resident community.

The Non-Custodial Parent does not have legal or physical custody of the child or children, yet may have visitation rights.
In mediation, the parents are free to establish a visitation schedule that conveniently considers the needs of the entire family, and determine what plan works best for all parties involved, including the child or children. Examples would include holiday time and special events such as a grandparent or parent’s birthday or vacations.

How is Child Support determined?

The amount of child support paid to one spouse is dependent upon the income of both parents, the amount of visitation and overnight stays each parent receives, educational expenses, and any after school activities. Additional factors considered are whether a parent is awarded sole physical, sole legal or joint custody of the child or children, and which parent is deemed the custodial or non-custodial parent. In some situations, there may be no child support awarded because each parent may have custody of one or more of the children, which would offset any obligation to provide support to the other party. Other considerations are whether either party has children from a previous partner or marriage, and whether that parent has any corresponding child support obligations. The mediator can help both parents come to a reasonable child support agreement that will be based upon the factors discussed above.

For more information on what you can expect in a divorce, we recommend you visit your respective state’s court website. Additional assistance can be acquired by contacting us.

What is Bankruptcy?

Bankruptcy laws help people who can no longer pay their creditors get a “fresh start” by liquidating assets to pay their debts or by creating a repayment plan. Bankruptcy laws also protect troubled businesses and provide for orderly distributions to business creditors through reorganization or liquidation. Most bankruptcy cases are filed under three main chapters of the bankruptcy code; Chapter 7, Chapter 11 and Chapter 13.

What is a Chapter 7 Bankruptcy?

Chapter 7 bankruptcy is a total discharge of all or most debt. Property and personal vehicles may be exempt in accordance to State and Federal Laws. Debts generally discharged include: credit cards, medical bills, legal fees and other consumer debt providing a creditor has not filed a lien to any liquid assets or the debtor agrees to continue payments. Chapter 7 bankruptcy requires the debtor two take 2 classes: credit counselling and debtor education.

What is a Chapter 11 bankruptcy?

Chapter 11bankruptcy is a Corporate Reorganization of DIP financing, executor contracts and leases, sales workouts, corporate governance and tax issues.

What is a Chapter 13 bankruptcy?

Chapter 13 bankruptcyis a debt restructuring whereby the debtor agrees to pay all or a portion of its creditors over 3 to 5 years. The restructuring may include a reduced balance on the debt and/or any fees and recurring interest.

Who has jurisdiction over bankruptcy cases?

Federal Courts have exclusive jurisdiction over bankruptcy cases. This means that a bankruptcy case cannot be filed in a State Court.

What happens in a bankruptcy?

Some bankruptcy cases are filed to allow a debtor to reorganize and establish a plan to repay creditors, while other cases involve liquidation. In many cases involving liquidation of the property of individual consumers there is little to no money available from the debtor’s estate to pay creditors. In these cases there are few issues or disputes and the debtor is normally granted a “discharge” of most if not all debts without objection. This means that the debtor will no longer be personally liable for repaying the debts.
In other cases, disputes may give rise to litigation in a bankruptcy case over such matters as who owns certain property, how it should be used, what the property is worth, how much is owed on a debt, whether the debtor should be discharged from certain debts, or how much money should be paid to doctors, lawyers, accountants, auctioneers or any other professionals.

Why use a Mediator to file bankruptcy?

A Mediator is a qualified legal professional that has jurisdiction to electronically file bankruptcy hearings with the Federal Courts. A Bankruptcy hearing can be held in any location. Client files can be electronically submitted by email or facsimile transmission and conference can take place through the use of telecommunication devices (Skype) or by phone. Federal Judges find that a Mediator’s well-structured bankruptcy program provides increased economy, efficiency and utility, which benefit not only the Bankruptcy Court Judges but all participants in the process. Using a Mediator can vastly expedite the bankruptcy process in a short period of time.

How are Mediator bankruptcy procedures beneficial?

Mediation bankruptcy filing procedures can avoid un-necessary legal costs for discovery, motion practice and trial preparation. In other words, the time and expenses of preparing for and appearing at a mediation scales back on the costs of attorney fees and court trials even when compared to a small case. While most cases filed by attorneys settle on their hearing dates, a Mediator saves the creditor the time and expense of attending a hearing, whereby creditors are more willing to settle in advance. Therefore, filing a bankruptcy with a Mediator will significantly shorten the time it takes for the overall bankruptcy proceeding while resolving their client’s cases fairly and efficiently.

Will filing bankruptcy damage my credit?

Filing a bankruptcy will lower your FICO score. By how much depends upon the type of filing (Chapter 7, 11 or 13). The general rule is that a Chapter 7 remains on an individual’s credit report for 10-years. However, many individuals have been able to re-establish credit and raise their FICO scores in as little as two years’ time from the date their bankruptcy was filed. Other bankruptcy filings may have less impact on the debtor’s credibility.

GLOSSARY

ADR

Alternative Dispute Resolution. An ADR process is a method of resolving a dispute out of court. Mediation and Arbitration are the most widely used ADR processes.

Arbitral Award or Award

An arbitral Award or "arbitration Award" refers to a decision made by anMediator / Arbitrator in an arbitration proceeding. An arbitral Award is analogous to a judgment in a court of law.

Arbitration

Arbitration is a means of resolving disputes outside the courts, where the Parties to a dispute refer it to one or more persons (an "Arbitrator") by whose decision they agree to be bound. The neutral third-party Mediator / Arbitrator reviews the evidence presented by the Parties and imposes a decision that is legally binding on both Parties and enforceable in a court of law. Mediator / Arbitrators are not required to follow the stringent rules and procedures or the technical Rules of Evidence used in a court. Mediator / Arbitrators follow a set of rules established by Dosenbach & Associates and, unless the Parties agree otherwise in advance, the Mediator / Arbitrators decisions are based on the principle of "Ex Aequo Et Bono" - what is fair and just given the circumstances and the facts surrounding the dispute - and American legal principles, not the codified or common laws of any one jurisdiction.

Private entities are permitted by law in the US, Canada, UK, Australia, South Africa and many other countries to decide cases and hand down legally binding decisions called "awards" through arbitration.

Arbitrator

An Arbitrator is a general term used to describe an independent, impartial, third-party who resolves disputes and issues a written decision or "arbitral Award".

Binding Arbitration

In Binding Arbitration the Parties in the dispute agree in advance that the decision by the Mediator / Arbitrator(s) will be legally binding and enforceable in court. The decision provided in the award is legally binding and must be honored by both Parties. Usually a court will not allow an award to be appealed, unless the Parties have agreed prior to the arbitration that appeals are permitted.

Claimant

The person initiating the dispute resolution process on Dosenbach & Associates (sometimes known as the Plaintiff).

New York Convention

The common term used to refer to the "The Convention on the Recognition and Enforcement of Foreign Arbitral Awards". The Convention requires courts of the 149 countries that are signatories to the Convention to give effect to private agreements to arbitrate and to recognize and enforce arbitration Awards made in other contracting countries. Although it applies to "foreign" arbitral awards, the term "foreign" has been interpreted by the some courts to include cross-state-border commerce within the U.S. as well.

Mediator

Is a Third party individual who works with both sides in a dispute in an attempt to help them to reach an agreement

Mediation

Is a dispute resolution process whereby a neutral (mediator) facilitates communications between parties with hopes to concur a mutual agreement. Mediation has become increasingly popular with court systems as a legal alternative solution to contract, employment, civil, divorce (child custody and separation of assets) and a growing concern for elderly care. Mediation expedites the resolution process while minimizing costly legal fees.

Online Arbitration???

Online arbitration, in its pure form, is an arbitration where the whole arbitration process is conducted entirely online. This includes conducting the hearing online in a secured virtual room where the Mediator / Arbitrator can ask the Parties questions, uploading, sharing and viewing evidence online, and receiving the final arbitration award online. Most companies that claim to offer online arbitration, only provide part of the arbitration process online. For instance, Parties may be able to download claim forms but will then have to submit them via unsecured email. Instead of holding the hearing online it might be conducted via telephone, or email, or in person. Dosenbach & Associates offers online arbitration in its purest form.

Respondent

The person who responds to a complaint filed by the Claimant (sometimes known as the Defendant).

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