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All right. So this is going this section here.
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This video is going to be called it's going to be about arbitration, the arbitration aspects of the post natural agreement.
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So I The screen shot, I included a lot better than all these others I'm about to show you, but in any case, what I wanted to show you is that when you start seeing this, it becomes real.
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Right, so, I have my notes here, but what I, what I wanted to do is show you where I'm getting this right.
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Um, and you'll see my notes momentarily.
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Actually, it's quite short.
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Yes.
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All right, cool.
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Don't do that. I'll switch over.
0:54
So we, you saw me mentioned this Federal Arbitration Act. Right. I'm talking about this. I'm going to show you what it looks like.
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It's different by ..., I know you understand it's a law, but it's different. If you actually read it, sales templates.
1:07
There was a legal proceeding. I used a while back.
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It's about 10 years ago.
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Now, I've had a lot of interactions with disputes involving arbitration. So I'm quite familiar with it.
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What was interesting is this Woman's case that I was working on.
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She was being proposed on Florida and her second mortgage, which is unusual, the second mortgage holder, started to foreclosed upon her as well.
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Normally they just don't do anything, because they get wiped out in a foreclosure in Florida is a judicial foreclosure State.
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But in any case, her Pilon loan lender decided to Institute foreclosure. So I looked at the instrument, I looked at the exhibits.
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And what as it turned out, the attorneys, that work that filed the case, neglected to read the contract and the contract.
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It said that any disputes arising from this loan should we resolve solely through binding arbitration.
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OK, well, then if that's the case, and the Court doesn't have jurisdiction, So I did the research on it back down the citation here.
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Sure enough, if you read the case, basically, I will summarize it for you.
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In fact, this is actually, this case came out like two months before I was able to use it. In this other case. It was amazing the timing out looks like.
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So this just came out fresh from the appeals court, Florida District Court of Appeal, 2013. So we're looking at 10 years ago.
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And we follow motion to dismiss the pleating from the bank because the court didn't have jurisdiction because there was a binding arbitration clause where all this these were subject to that arbitration.
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The court is not arbitration.
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So as it turns out, when you, when you invoke the Court's jurisdiction or you try to and you've you violated a contract that submits the disputes to binding arbitration, you not only waive your right to arbitrary, because you went to the Court first, but you also waive your right to go to the court, because of your arbitration clause. The Court can't take jurisdiction to get away, so you're locked out.
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You can even go back to arbitration.
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So when we brought this up to the court, what do you think happened?
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The bank had to go away.
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The bank had to go back and do not.
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They could either go to arbitration agreements, Totally. They've said, You can read this when you read case law, and you can pull this up on the internet.
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When you read a case law, there's lots of commentary discussion about what happened in the case.
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It's kind of pedantic, but what you want to look for is what's called a holding.
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Now, sometimes the publisher of the case will publish the holding first. Holding is the decision that makes it binding on everything else that happens like that.
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Right. There's dicta or the discussion of the case.
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It's leading up to the court making its final information on the merits of the case, which is the holding of the case, Holding establishes a rule that can be used. In other case.
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Now, this is a case of first the case of its kind, but again, it was based on that concept that if you had already waived your right to go to court and subjected your disputes in the future to binding arbitration, the Court couldn't help you at this point.
4:14
And if you try to get the court involved, you would have waived your right to arbitrates as well.
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So it's a double whammy.
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So I'm not saying we want to know foreclosure was one of the whole scheme, But what we were able to do with beat the bank on that one Then we were able to do what I promised as far as keep her house and all this.
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So anyways, in a case, that's why I mentioned that.
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This is our powerful arbitrations.
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They can get it can be used to compel the parties to participate in arbitration. OK.
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Now, the Court still has jurisdiction. I'm gonna make this point what I'm talking about arbitration.
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And I'm going to show you briefly in a minute here, when you when the Cortex jurisdiction, I'm sorry, when that when arbitration is part of the deal, it's assumed that the arbitrator is registered and or is an officer of the court that you will use later to apply for confirmation. That's what you're going to do.
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Maybe some lawyer, maybe lawyers will tell you that it's required. Maybe the judge will tell you it's required that the arbitrator be an officer of the court or registered as an arbitrary with the court.
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I'm going to suggest to you that it's not required, ultimately.
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The court, they try to push that on you so I made this comment here.
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The court does not have the authority to investigate the merits of a claim when you apply for confirmation of an arbitration award.
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However, if the arbitrator was not recognized as an arbitrator by the court in the beginning, maybe you'll get some friction from the judge or somebody, right.
5:50
And I'm going to suggest to you that the Court's jurisdiction to hear a petition for arbitration or confirmation of it is going to be under its authority to hear petitions for injunctive relief and deck which really relieved.
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That is essentially what a petition for confirmation of an arbitration or really is without the ability of the court to investigate the there's a decline.
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Whereas an injunction and decorative relief, the court can investigate the merger the claim petition for arbitration confirmation.
6:20
and not, if for some reason, the court wants to give you a hard time about your arbitrator wasn't registered with the court, I believe the Court would still have jurisdiction. I don't think you're gonna have that problem, though.
6:32
And I mentioned that to you, because I'm going to introduce the concepts soon that will allow you to create an arbitration panel for your own interests, not your own interests, 4, four, serving what it is you're trying to do with your arbitration agreement with your post national agreement.
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In other words, we're not going to be stuck with the officers of the court.
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Sometimes they're the problem.
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Now, what I'm about to show you, it's completely based on officers of the court.
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And these services I'm going to show you are quite expensive except for the last one.
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I don't recommend using the brand name, arbitration services. Those are expensive. Now, if you're a mid-level type business that makes several hundred million dollars a year, I'll see a problem with that is probably a necessity. But when it comes to marriages and families and small businesses, we can do just well with just as well if not better, with a mediation, service or a mediator. A professional mediator, that's a 1, 1 person office, OK. It doesn't have to be this big organization, but they do have their place.
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Don't make a backup, and I'm gonna go back to a screen share and I'm gonna go back to my, uh, websites here, acronym.
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So I wanted to start out with that one. Looks a lot better noise like about.
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The one I wanted to share, one thing I want to show you is Where the Federal Arbitration Act originates in title nine of the United States Code.
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Here we go. So I don't know at all. It says, maybe there's a legislative history.
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This is what comes out of Congress. Then they codify it.
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But you can look here history of geeks out there, who cares?
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I don't care. All I care about is here's my table of contents. And then there's a Section one is talking about maritime transactions. That does not concern us. That's not most about shipping.
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What is, what does concern us is that Section two, here's how that's section to the Federal Arbitration Act.
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I don't mind in the United States Code.
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So, like if you were to cite this, it would be nine USC Section two, OK?
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It is the Statute on which that one case works, that I just gave you.
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The case was David Pearson versus People's National Bank, that comes from right here.
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Nice.
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You see how that works?
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Basically, it says, If you have this in your contract, it has to be Judges have no discussion.
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Answer, failure arbitrary.
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You can read it over.
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Pretty much, if you're involved in arbitration, you can carve out the type of jurisdiction that you want to have, provided that it's equitable, fair, you know, provides everyone an opportunity to be heard.
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And if you do it, I'm about to show you, it'll work.
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So, here's what I will show you. Here's a service called the American Arbitration Association.
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Now, it has been used, are fairly against consumers over the years. And you've probably heard, maybe if you haven't, I have some videos on what I did about that, was kind of creative.
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But I would just tell you that this service sets a very good example of what could be done.
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I don't like the service, per se, but it does set a very good example. I can't argue with it.
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And their findings are private.
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I mean, some of them can be published, they don't talk too much about appeals. But I'm of the opinion that I think that you can go through arbitration.
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And I think you can also make your award subject to appeal in the appeals court of your state or through another arbitration panel.
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So let's look real quick at what they do now.
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B, B, parallel to this owner, show you, is rules, forms, and feeds, OK? Right here.
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Let's say I want to do something about the commercial, or I'm sorry, consumer.
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This would be more in line with your family, court, the rules of procedure.
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Now, you actually have family rules of procedure. We can actually take the rules of court, for your state, in your town.
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We can take the family rules of court, and we can bring them into your family, and say, hey, guys, let's, let's try to follow this type of standard here.
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When we're trying to resolve disputes, OK, like I said, these rules of procedure come from Robert's Rules of Order.
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They come from parliamentary procedure that have been established for hundreds of years.
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And they are incorporated into our, our society, now, in what we know as arriving at due process, and due process is defined as the right to be heard.
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So, what I'm showing you right now is the American Arbitration Associations set of rules or consumers now.
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I'm not saying you should adopt them, exactly, but I want you to see how this works, other, how they're written. So, let's just check them out.
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I'm not gonna look at the forms, let's just check out the rules, 40 page document.
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Now, keep in mind that this service is a business function of lawyers.
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Lawyers make their money because they understand this and they can guide their clients through this process and just understand this is, this is kind of like the court system in that sense.
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But as you can see, you got rule 21, rule, 22, 23.
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It tells what the orchard can do.
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There's disclosure. So in a civil proceeding you got three, NaN.
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You got the statements of your to see, you commence the proceeding, and then you got your defense OK.
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So you can accuse or something, and then you get to defend against. Right? That's the first part.
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The second part is that the case survives that, if the forum can take jurisdiction at that point, Then what comes next is discovery: Let's discover all the facts we can, let's take the testimonies.
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Then, what comes after that is maybe a chance to dispose of the case before going further.
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That's the last third, OK, Which is that trial period.
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So, we can complete discovery by a certain date, then maybe we'll take our shot at see if we can get a settlement, or maybe a dismissal, or a partial center settlement or a partial business or something of that nature.
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So that we don't have to be pretty expensive time going through a trial, and taking evidence.
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But let's say we go to trial.
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So, in an arbitration proceeding, that would be the time when you sit at the table, OK. And it's not like in the movies. Not not everybody sits at the same table sometimes.
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The arbitrator as peers, only one side at a time and the arbitrator may go from room to room.
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Typically, what happens in an office complex. Now, it is done by video.
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There is technology and the biggest software, even this one that I'm using right now, is Zoom. There's technology that lets you create a side room and so forth.
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They go back and forth and privately.
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Alright.
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So anyways, I wanted you guys to see, look at, there's a set of rules that govern the manner in which disputes can be resolved.
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They are linked so everybody gets a chance to say something.
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It looks a lot like the rules of civil procedure. I'm not going to tell you, I'm not gonna go on at all that.
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Guess I need a law, a law course here. But just to just to understand the usefulness of what I'm talking about here.
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Anyways, it goes on and on.
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And arbitrators get these. I mean, they gotta get a bit of stuff too. So arbitration can be quite expensive.
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So.
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Yeah, I'm gonna go to the next one, so that was just one aspect of a set of rules for consumer's needs I'm going to let me go back here, this one is going to be J MS, and I can't remember what the heck that acronym, but it's another chance.
14:36
Provider of alternative dispute resolution services worldwide, OK.
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And again, I don't know, GSA and you may decide acronym kudos.
14:44
But anyways, jams is much like American Arbitration Association. Has got rules and clauses.
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Tells you how you're supposed to behave, how things happen there. There's your standard arbitration clause. Now, you'll notice this arbitration clause. I'm not saying this should be in your conceptual agreement.
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This cause is sufficient.
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two: Allow the arbitration forum to do its job and to test a quarter of its authority.
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Now, notice how it's promoting itself, You don't have to name a particular arbitration form.
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Janice, why not? It's a business. And so it's going to do, that's what we have here.
15:25
Now. Um.
15:28
OK, we got another one Now this is what I was telling you before, This is what I would prefer.
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Let's say you live in this town, and you have this arrangement, and the other party wants to do the likes, the post an actual deals.
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And so what I would look at doing is finding local Mediation services, or any mediation service, you could reasonably communicate with electronic, but maybe it's going to be by video conferencing.
15:53
And it would maybe consist of a person that's going to sit there and be the referee, if you will, in a dispute or discussion, right? And so this service right here, I mean, it looks like there are others involved. Probably.
16:07
There are other meat eaters of all that's been around for awhile, firewalls 40 years.
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But this would be an example of a small time. Let's call it, mediation service.
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And it's probably priced differently than the other ones.
16:25
The other brand that are more popular, I would say, and I could be wrong. I mean, maybe the mediation fees are high here, I don't know. But this is, this is my first effort is to try to, I would go to a service like this. These people are Minnesota.
16:40
Whoa, MS.
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Notice it's a non-profit that does, why not?
16:48
That's another alternative now.
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I can write the agreement, are our suits, your needs. We can do all kinds of things. I am going to.
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I am producing something pretty soon. It's a service.
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It's going to be an arbitration service and it's going to use technology that allows people to form, let's call them jiri I'm going to call this an ad hoc.
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They're going to be able to form juries and stand as arbitration panels and all kinds of things, and marriage these types of personal relationships.
17:18
That would be wonderful.
17:20
OK, so you can elect a U, and the other party can elect a, an arbitration panel set up one arbitrator.
17:27
I think we'll get a more fair decision, possibly more likely, more intelligent decision, because remember, sometimes what I'm thinking is I want an arbitrator or group of arbitrary of arbitrators that are not lawyers.
17:39
Maybe sometimes I do.
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If I don't, then I think to compensate for the lack of legal training, which I believe is not necessary, coming up with their resolution. But just say.
17:49
if I have eight, or 10, or 12, or 20, during jury members, they can attend and review the dispute, can participate in the hearing, let's say, by their phones, or in a software application like Telegram, or even Zoom.
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Then, I think I'm going to arrive it up, very accurate, or their decision that's consistent with the law and decisions of its time, over the last several hundred years, at least. That's wrong.
18:17
So that's why I introduce you to these concepts. It's not available right now.
18:21
Nothing would stop you from doing that yourself.
18:23
Like, if I wanted to have an arbitration clause mine, marital brand, or my wife, I might pick I might pick I don't know people that can be impartial, let's just say, and I will get my wife to agree.
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And I would mean, and I would say, these are. These are our meetings.
18:40
So, anyways, there's all kinds of options here.
18:45
So, let me see if I want to bring up anything else, something to watch my notes here real quick.
18:58
Arbitration, yes, it is going to be binding, is very important. Very powerful, a lot of power here. And then, as you see, the infrastructure, the services available are many.
19:10
There are many there's no reason why we shouldn't be using arbitration.
19:15
Um, then like I like it, like you see, you'll find out as I do more of these videos, you're gonna see that I take a lot of the aspects that would be subject to even arbitration.
19:25
I remove them from marriage, or the, call it what the couples are varying I remove it as if it's partially settled like with the declaration of trust, we will get into that Why should I have to arbitrary everything when I can already handle the property rights?
19:47
Now all right, I'll give you one more example of this is where kind of led me into this discussion and developing this for people. I'm gonna give you one actual case history explanation here.
20:03
So yeah, we could avoid complexity and unfairness.
20:06
It's not always the case, but, Yeah, we could. We could put, put it, give ourselves the power to resolve disputes, and we have guides to follow. We have professionals that know what they're doing. So there's really no excuse not to do it, and probably it's cheaper and faster problem.
20:20
So anyways, so the story is, I was asked to help somebody who's Roy, They had been separated for, for five years. Now, these are two very educated people, PHDs, like one is a double PHD.
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So they have been separated for awhile and five years.
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And it was very amicable aeration, in fact, the wife and the ex-wife. And they were actually working together as part owners in the same company working together in an office space and they enjoy it. They actually have a good time that they were separated.
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There was no official before divorce order from a court divorce decree.
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However, after five years of the separation, it was already established, they iterate reached the terms of their separation, quite peacefully.
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And so, for some reason, the X Y wanted to stirrups in drama, and she filed a petition for divorce, which the Court had not been exhausted about, because they had never done that before.
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But what's the whole point, right?
21:22
What's the point going through that, if not to arrive at conditions of the divorce or separation?
21:30
Well, because these conditions were already established, I felt like, Oh, well, let's just tell the Court that it doesn't have jurisdiction because the divorce is already taking place, and the charges are already well established, And to do it, outline what is the greatest deal possible.
21:44
What all those terms were, such as, money sharing care, the children, visitation, these two had worked it out.
21:52
She wishes she just wanted 5000 a month.
21:54
What I really think she wanted was just the drama.
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I just think she wanted the drama, cheap.
21:59
It wasn't the man As it turns out, so That was we did we filed a mirror or a motion to dismiss, and we said uh?
22:10
The matter has already been settled now the court didn't like it now I have to tell you the whole thing that. I did not follow through on this I let the client do his own thing.
22:21
I didn't want to get too far involved with that, So but I think I set off on a good path.
22:25
The path is that what is there for the Court to do when matters have already been settled yeah.
22:30
Maybe the court didn't get its little 2% to say, OK, there's a divorce, but we didn't need the Court to do that. There was already a divorce.
22:40
Right, so, you know, you'll be dealing with that where the court wants to assert its authority, but you have to realize that you have the authority.
22:48
And that as long as the rules of equity have been satisfied for the most part, there's nothing wonky about the procedure. There's no deceit or fraud or something of that nature that it's going to stand.
22:59
So we have the complete authority to do all these things, and we have the tools and resources to do the Red Bull at all, and go about our lives, and like, mature adults, OK? This is the whole idea.
23:09
I'm showing you how to be mature adults and do this in this respect. I'm probably one of the most immature people. You can, you can meet.
23:16
But when it comes to things of this nature, when it deals with money and property, I'm gonna have my say in it, just like I talked to people that are investors, OK? And a lot of them don't even know what an acid is.
23:30
They don't know what an asset is. So my first job is to explain what an asset is.
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that's not your house and your car, and this sort of thing.
23:37
So this helps people have some level, greater level of maturity in handling their finances, because they're being tricked all the time by the by the accounting system, by the tax system, by the legal system. They're not being told the very fundamental things are being misled, and they're being given wrong information.
23:52
And they're making decisions against their own best interests and to their own detriment.
23:59
So that's my purpose here.
24:00
And I hope you understand arbitration a little bit better now, how important it is, and that there are nice resources out there that we can utilize.
24:10
So if you hug me, write up any type of arrangement like this, we can talk about how you might want to carry this out, and I can make some recommendations.
24:21
Right, Thanks so much.