Tag: FINRA
-
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…
-
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…
-
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…
-
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…
-
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…
-
Confidentiality and Discovery within FINRA Arbitration
Confidentiality and Discovery within FINRA Arbitration Within a FINRA Arbitration, If a party objects to document production on grounds of privacy or confidentiality, arbitrators or one of the parties may suggest a stipulation between the parties that the documents in question will not be disclosed or used in any manner outside of the arbitration of…
-
If I, as mediator, give my opinion in a dispute, doesn’t that mean I am biased?
If I, as mediator, give my opinion in a dispute, doesn’t that mean I am biased? Absolutely not! I as mediator form opinions on many issues for many reasons. One of the primary things I do as mediator is to help you to evaluate the pros and cons of your position in a dispute…
-
FINRA’s Initial Prehearing Conference
To maximize the efficient administration of a case by the panel, FINRA schedules an Initial Prehearing Conference (IPHC). The IPHC will normally be held by telephone. FINRA will notify the parties and arbitrators of the date and time of the IPHC at least 20-days prior to the phone conference. At the conference, the panel will…
-
I want to resolve the dispute, but the other party’s demands are unreasonable. What should I do?
I want to resolve the dispute, but the other party’s demands are unreasonable. What should I do? I want to resolve the dispute, but the other party’s demands are unreasonable. What should I do? Don’t let yourself get stuck refusing to make what you believe is a reasonable settlement offer or demand based on your…
-
Challenging the Arbitrator: Challenge for Cause
Challenging the Arbitrator: Challenge for Cause In a FINRA Arbitration, parties are permitted to challenge the appointment of an arbitrator to their case. Parties may challenge the arbitrator directly by filing a Motion to Recuse. Alternatively, a party’s challenge may be made directly to FINRA in the form of a Challenge for Cause or by…