Category: Arbritration
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FINRA Arbitration motions: Hearing Timing & Location
Examples of FINRA Arbitration motions that can be made regarding timing and location. The following motions can be made within a FINRA Arbitration. These particular motions involve modifying the original claim. The following concern the location of the hearing and its timing. As an Arbitrator, I will be mindful that one of the goals of…
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Is a Retired Judge a Better Mediator?
It is assumed that a retired judge makes a better mediator than someone that has not been a judge. This couldn’t be further from the truth. Rendering judgment requires an entirely different skill set than helping the parties resolve their case through mediation. The day to day activities of a judge do not lend themselves…
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FINRA Arbitration motions: Sever, Consolidate, & Amend
FINRA Arbitration motions: Sever, Consolidate, & Amend The following motions can be made within a FINRA Arbitration. These particular motions involve modifying the original claim. Motion to Amend a Claim FINRA Rule 12309 provides that parties may amend their pleadings, including adjustments to their damage requests, up until the time FINRA staff appoints a panel.…
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How long should mediation take?
How long should mediation take? We have grown used to life happening instantaneously. What we forget is that despite all the fast and furious technology, we remain human beings. We may be more sophisticated overall, but are otherwise no different than we were thousands of years ago. Our thought processes and decision-making ability have not…
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Examples of FINRA Arbitration motions
Examples of FINRA Arbitration motions Arbitration has often been compared to the traditional courts. The major difference is that the parties are able to proceed in a much more deliberate matter. Although arbitration is an informal process, a variety of matters may be subject to motion practice. The following is a non-exhaustive list of common…
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What am I actually getting for my money when I hire a mediator?
When you hire me as your mediator, you are buying the opportunity, through a neutral third party, to evaluate with someone who is an objective “sounding board,” your real needs (personal, economic, spiritual, etc.) and to evaluate which dispute resolution process will best help you meet those needs. * You are buying my opinions and…
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Discovery Sanctions within FINRA Arbitration
Discovery Sanctions within FINRA Arbitration Failure to comply with the discovery rules hinders the efficient and cost-effective resolution of disputes and undermines the integrity and fairness of FINRA’s forum. Parties sometimes attempt to use the discovery process to harass and burden their opponent. Arbitrators will take this into consideration when considering discovery issues. Arbitrators have…
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Who should attend the mediation?
Who Should Attend the Mediation? All parties involved in the interactions that gave rise to the dispute should be involved in the mediation. This helps me, as mediator; crystallize with the parties exactly what happened. A party may also be more candid with me when they know they may be faced with others who know…
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Electronic Discovery within FINRA Arbitration
Electronic Discovery within FINRA Arbitration Although documents may be stored electronically, electronic files are still considered “documents” within the meaning of the FINRA Discovery Guide, and the arbitrators will decide any dispute that arises concerning the form in which a document will be produced. Despite the changes in the scope of discovery and the challenges…
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Why did the mediator stop the mediation without resolving the dispute?
Why did the mediator stop the mediation without resolving the dispute? As valuable as it is for me, as mediator, to know how to move a dispute to resolution, it is equally important, if not more so, for me to recognize when a dispute isn’t prepared for resolution and how to move it in the…