Let Them Play - by David Williams

Let Them Play

Legal technology is helping thousands of regular people to solve legal problems in their everyday lives. Most people are wary of the legal system’s various snares, expense and waste of time. 

A great example is the experience of Janice, a homeowner who was able to use a variety of legal technologies to achieve peace of mind in a property dispute without all the hassle of going to court. This is her experience in her own words.

Welcome Janice. Set the scene for us.

It was a strange situation. We have been living in the same house in a quiet neighborhood for over 10 years. It’s a family community, very quiet, but lovely with rolling, green hills. My husband Brian and I love our home, the city, and the property we have here.

What was the dispute?

 The issue arose with our neighbor and the neighborhood children. There is a beautiful little path that runs behind the houses on our block. It’s bordered by large oak trees on one side and the fences of our backyards on the other and is about a 1/8^th of a mile long. The path is superbly located to serve as a shortcut across the neighborhood for children walking to school, adults jogging in the morning, cyclists looking to shorten their route, and so forth. We loved it because our children could play back there, having a grand old time without being far from home. If they were on that side of the neighborhood, they could use the path to come home more directly, through the back gate. My sons were getting really into mountain biking in their early teens and started building a dirt course back there. They would wait until it rained and then built jumps and various features that were fun to ride on. I insisted they wear helmets, but otherwise, everything going on back there was healthy and fun activity for children and adults alike. The problem came when new neighbors moved in and they didn’t like that so many people were cutting by the back of their backyard. I thought it was totally silly. They’re overly protective of their children and you can tell that the kids and the parents are a little bit off.

How did the neighbors proceed?

They filed a request with the city to have the path blocked by city gates. It was petty and wrong. No one in the neighborhood really knew what was going on until one day city workers showed up and welded wrought-iron gates at either end of path, completely sealing it off unless you were willing to jump over it, which would block 9/10 travelers, especially those with bikes.

What was your response?

Well my husband and I were quite disturbed. We started investigating the claim that was filed with the city and doing research. We contacted a number of the city’s employees including the City Attorney, Community Relations, Public Information, Parks and Recreation, among others. What we discovered was strange – the property behind our houses was potentially zoned as a piece of a local park across the street. The path, depending on how the boundaries were interpreted could have formed the handle to the park’s pan. The City Attorney informed us that if we were able to document the path’s utility to the community, he could convince a judge that the interpretation of the park’s boundaries could include our path.

I understand that you used a variety of legal technologies to do so?

Yes, my husband is fairly tech savvy and so we began using his iPhone to document people being turned away by the gate on their way into the path. I recorded a number of videos interviewing these same folks and posting the videos on Youtube and sharing them on Facebook with everyone in the neighborhood. We posted them on the city’s Facebook page as well. Everyone was taken aback that the path had been closed and the interviews demonstrated the utility of the path. I interviewed them about how they used the path, how often and other relevant questions and compiled the list into a spreadsheet that I shared with a good lawyer and the City Attorney. We also created a Survey Monkey about the path and emailed it to all the neighbors. Over 50 families filled it out, documenting the path’s utility to their family. We also shared the results of the survey with the City Attorney. Armed with images of the path and residents who regularly used it, Youtube interview videos, and the Survey Monkey results, the City Attorney was able to bring the case to a judge and have the path codified officially as part of the park. Legal technology was critical to the success of our efforts. Couldn’t have done it without it.

How did the neighbors react?

They knew that we were conducting this campaign and stayed pretty much silent. I think they were dismayed that anyone cared so much about the path, but it’s really important to a lot of folks, as we learned. Once the city came and tore down the fences, things returned to normal. We were never close with them anyway, so nothing much has changed except that the kids can keep riding their bikes, joggers can keep jogging and neighbors call me the “Youtube Lady”.

This Guest Post is contributed by David Williamson. 

Start your Internet Strategy in 2013 !!!

Recently a new VirtualCourthouse mediator ask - "I am in the process of developing a new marketing campaign and want to include the Virtual Courthouse as a major component. If you have any suggestions of how we can use the Virtual Courthouse, please let me know."


Most of our neutrals incorporate the VCH online elements in their marketing materials. The key is to highlight increased availability and lower cost by using the VCH online filing and online mediation features. Include links on all printed materials to your VCH profile and the web site.
If you have a Web site - include a section like Offer To Settle.
http://www.offertosettle.com/virtual-courthouse/
If you don't have a blog start one.
If you don't Tweet start. The processing of building an online following is slow and requires persistence over a long period of time. No instant success - the key is to Start.
If you don't have a web site get a URL on Godaddy - start a web site on Weebly. You can easily do all of that yourself for under $50.
If you would like to do a test case get 2 of your students to to do a test case with you as the neutral . I will waive the fees.

In the end the Key is to develop a strategy which will lead you to success. 
Here are some links from a presentation I recently did at the Maryland Mediator Convention which will help give you some ideas. You have to spend time learning.
http://tinyurl.com/MarylandMediator

Start your Internet Strategy in 2013 !!!

We're teaming up with myRight

myRight's mission is a novel one - it is to help people learn their rights by simplifying the law.

The site simulates (in a very engaging way) the experience of getting a pre-consultation from a lawyer. After clicking on the area in which your legal issues falls into, you are guided through a series of automated questions until you are presented with the specific answer to your query. If your question is too complex to be addressed this way, the site plans to connect you with relevant legal experts.

The aim is to increase public understanding of common legal issues, while cutting legal costs.

One way myRight is achieving this is by nudging people towards alternative dispute resolution. We've been advocating the benefits of ADR - and how these can be enhanced through video and social media - since our foundation 2001.

We're excited to be working with a breath of fresh air in the legal tech industry. It is our hope that more people will understand ADR and be provided with cost-effective legal solutions as a result.

A more detailed description of myRight's service can be found in this VentureBeat article and in this VirtualLaw direct post.

Mediate for $5 per month

This question was recently sent to us:

I am a new mediator so I do not have an existing case load.

If I went for the premium level are the total costs limited to just $5 dollars per month? Am I free to cancel this subscription at  any time ?

I am trying to bring my virtual mediation service to the attention of clients/attorneys. I am currently only able to do online mediations.

I would welcome your advice please.

Regards

      Our answer:

Yes you can cancel at any time. When a client wishes to use you for an online mediation all you need to do is to tell them to start the case in VirtualCourthouse and select you as the mediator and you have all the functionality for an online mediation including -

1. Case Initiation
2. Mediator/Arbitrator Selection
3. Case Presentation
4. Asynchronous Secure Messaging
5. Video Mediation/Arbitration

So for $60 a year - $5 a month you have the platform to market your services on the internet ,build an online business and actually conduct online mediations and arbitrations. And all you need is an internet connection to conduct business anywhere in the whole wide world. Where can you get a value like that?!

Has the light bulb gone off yet?!      

Sign up Now

ADR: Can we work this out or do we want someone else to decide for us?

Following up on a number of other blogs, I would like to discuss definitions because in the field of conflict resolution, it is clear that although various practitioners claim and work with their own definitions, those definitions are blurred and sometimes contradictory. And in the eyes of those who do not practice conflict resolution, the definitions are often either non-existent or misunderstood. As an example of how unaware even fairly savvy and intelligent adults are, I am often asked what the difference between arbitration and mediation is with a tone suggesting that the person asking believes there is no difference.

Alternative dispute resolution includes anything short of a court procedure with either a judge or jury as a decision maker. It includes:

• Arbitration – The arbitrator decides

• Negotiation – A neutral facilitates the decision-making process, acts as an intermediary, helps cut the deal

• Evaluative mediation – a neutral assists the parties in making a decision about whether to pursue an alternative method of resolution or court or arbitration. I would respectfully suggest that this process might most effectively be conducted by an attorney to advise regarding legal matters and a non-attorney mediator to assure neutrality.

• Mediation – The decision is made by the parties if they can come to an agreement with the neutral facilitating, some methods of mediation being more directive than others – i.e. some methods pursue common ground while others leave all decisions to the parties. Mediation is by definition voluntary and it is the only method which allows the stakeholders, themselves, to come to a decision/agreement as opposed to having a decision imposed by a third party. Mediation is often useful in improving communication and providing perspective even when it does not result in a formal agreement

The use of the terms alternative dispute resolution and mediation interchangeably is common, but they are not synonymous. To further confuse matters, most mediation centers established by federal law through the federal court system have names like dispute resolution or conflict resolution centers when in fact their major focus is to train mediators and offer a cadre of mediators available to the courts and public at large. In most cases, they offer either facilitative or transformative mediation. The seminal article, in my view, defining various types of mediation, was written by Zena Zumeta.

Even in cases where it is court-ordered, parties entering an alternative method for resolving a dispute would do well to become familiar with which form of dispute resolution is being offered, who will make decisions in the process, and what other choices are available. Once the method is chosen, it is important to understand the experience level of the neutral and the method he/she employs. Unfortunately, it often does not happen that way; the choice offered is a newfound (for the person in conflict) singular one that is readily available and expedient.

The ability to access alternative methods of dispute resolution on the internet opens up a whole new world to gather information about the process and nature of various methods of resolving conflict and to make informed, intelligent decisions regarding the best match for the issues, personalities, and comfort of those involved. The nature of conflict is that it is outside our comfort zones, and making an intelligent choice should be a first step in ameliorating the discomfort and facilitating a resolution.

This is a guest post by our friend Jane Murphy - a mediator with a background in education who believes that mediation should be the primary, not the alternative method of conflict resolution.

ADR's Paradox

Court-ordered mediation has become commonplace. Since the late 1990s, most state courts can compel disputants to negotiate a resolution – and the number of cases referred to mediation has been increasing ever since.

This phenomenon is not restricted to the U.S. Every G8 country provides for court-ordered mediation – every country except for the U.K.

But this is about to change.

On February 9, the Ministry of Justice unveiled its plans to “introduce a new dispute resolution regime with mandatory pre-action directions given full force.” The new regime would compel parties in disputes with claim values of up to ₤100,000 to seek mediation or other forms of ADR. This would provide a substantial shift from the current system under which judges can merely encourage the parties to mediate their dispute.

The British like to do things their own way. Whether it’s driving on the left side of the road or eating Marmite. Nevertheless the U.K. legal system gets most things right. So this begs the question - why has this move taken so long? What are the objections against changing the law from encouraging to compelling mediation?

The answer is slightly greyer than many would hope for.

At first sight, the concept of court-ordered mediation seems to be paradoxical. The U.S. Model Standards of Conduct for Mediators define mediation as a process that emphasizes voluntary decision-making that is based on self-determination.

Can people be compelled to negotiate a resolution? Statistics tend to speak against this. In the U.S. the success rate of court-ordered mediation is around 20%. For voluntary mediation it is 80%.

Why then does (almost) every major economy authorize its courts to compel disputants to attempt mediation? This is because of mediation’s cost-effectiveness when compared to litigation (a benefit which VirtualCourthouse.com can enhance for all participants). As we’ve discussed before, the public’s awareness of these benefits is relatively low. Court-mandated mediation therefore serves to educate the public about ADR, while nudging them to consider a negotiated resolution.

So, is there a definitive answer to ‘court-mandated mediation: yay or nay’. No. Mediation suits neither every dispute nor every individual. The usefulness of court-mandated mediation will depend on the judge being able to weigh up the facts when deciding on whether or not to refer the case to mediation. It is difficult to disagree with Richard Barron’s suggestion that attorney should be able to have a say in this decision. Either way the suitability of court-mandated mediation can very well depend on the sensibility of the judge.

Judge Monty Ahalt (Ret.)

Through Tom McGinn

A Strategic Vision for a Mediators Transition to the Internet

Paper files, typed letters, phone calls conference rooms all are the physical tools of todays mediator.Do you want to stay in the paper world or Do you have a vision for a transition to the internet?


Or will you fall into the trap King Soloman spoke of when he said - “ where there is no vision the people perish”. Over the years I have learned that if I desire to adopt new technology I better have a strategy. Do you have a strategy?

First, you need to ask yourself some questions. Do I wish to advertise my services on the Internet? Do I wish my communication to be secure and protected? Do I wish a client/party to be able to get me information about their case quickly and securely? If you answer any of those questions in the affirmative then you need to determine How you will transition to the Internet.


If you are going to make the transition you need a Vision and a Strategy. Then you need to mix the two with a double dose of Enthusiasm and a triple dose of Work. That formula will guarantee you success.

And VirtualCourthouse provides you the exclusive pathway to accomplish this formula. After 10 years  and over a 1000 cases VirtualCourthouse has released new features and functions that allow one to start small and build to complete Internet interoperability. No other online ADR system can perform that claim.


Introducing the culture of continuous improvement this version goes beyond online dispute resolution and provides the dispute resolution community with a transition strategy from the paper face-to-face world to the Internet-Cloud world. Security and Confidentiality are the cornerstones.

Four critical territories are covered

1. Mediator/Arbitrator Marketing
2. Mediator/Arbitrator Case Management
3. Electronic Case Filing
4. Video and Secure Messaging

For the first time a Mediator/Arbitrator is empowered to market their services using state of the art search technology and social media, manage their cases and conduct mediation sessions.

Mediator/Arbitrators know they need to adopt Internet Technologies but until VirtualCourthouse 3.0 there has been no clear pathway to transition from paper to the Internet. A Mediator/Arbitrator who makes use of VirtualCourthouse 3.0 will be able to continue most activities in the paper face to face world while transitioning to technology ready activities. The Mediator/Arbitrator and the parties are empowered to take advantage of the time and cost savings of the Internet and the Cloud.

Founded at the turn of the Century in 2001 by Retired Judge Monty Ahalt, VirtualCourthouse is designed and built on traditional concepts of the just resolution of disputes and 21st Century Technology.

VirtualCourthouse concepts of traditional fairness and self determined Justice delivered at a fair price in a timely fashion have be recognized by the American Bar Association’s Louis Brown Award (2009) , Fox and ABC News.

Mediators/Arbitrators Empowered to Market  Services and Business

1. Standard - This level enables a mediator/arbitrator to take the first easy marketing step and adds the ability to upload and image and expanded resume.More..
1. Picture
2. Expanded Resume

Price - $10/year

1. Premium - This level enables a mediator/arbitrator to integrate fully with powerful Internet search dynamics including the mediators website, Facebook page, Linkedin Page and Blog. In addition the mediator is provided access to the powerful Video Mediation Technology, Video Mediation, Asynchronous Messaging and Confidential Secure Messaging features.More..
1. Standard Level Features
2. Social Media Links
3. Blog Link
4. Website Link
5. Professional Association Link
6. Video Mediation
7. Confidential Secure Messaging
8. Asynchronous Messaging

Price -  $5/month or $60/year

1. Ultimate - This level allows the mediator/arbitrator to establish multiple counties, cities, states and zip codes in the VirtualCourthouse Search Database. The mediator’s name is reported at the top of the list upon a search in areas listed. In addition the mediator is provided access to the powerful case management, electronic case file,Video Mediation Technology, case management and billing templates.The mediator is able to convert an offline case to an online case enabling electronic filing by the parties. More..
1. Premium Level Features
2. Top Search Placement
3. Multiple county, city, state, zipcode
4. Case Management
5. Electronic Case File
6. Offline case conversion
7. Billing Templates

Price - $25/month or $300/year

Electronic Case Filing - Video Conferencing - Secure Messaging.

Building upon past success VirtualCourthouse 3.0 offers the parties greater functionality in its electronic case initialing and case presentation features.

New Case Filing Features include

1. Offline case management
2. Online case management conversion
3. Multiple parties and representatives
4. 3 mediator/arbitrator panels
5. Mediator billing integration

New Video Conferencing Secure Messaging

1. Conduct private and secure messaging with the parties and representatives
2. Schedule premeditation conferencing
3. Conduct multi-party video conferences
4. Conduct private party caucuses

Check these features out - “ A picture is worth a thousand words”

Personal Injury Mock Mediation

Auburn Complex Mock Mediation

Register as a mediator and get started  Click Here

Judge Monty Ahalt ( Ret.)