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The End Result of Arbitration...

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hawaiianmark

Guest
Aloha, The arbitrator found my family and i liable for 750.00 for my son hitting the p's son. He fined him, my son, 250.00, and costs to the p 390.00. The Arbitrator found Def2 liable for the car damage 3055.00 the def2 son liable for a attack on p son 1000.00, and def2 son punitive for 500.00. End of story. It is over i hope no one has to face a law suit, but if they do, i hope they find this site for guidance thanks to all for any advice given, it was appreciated. Aloha to all, hope all your winds blow off shore....
 


HomeGuru

Senior Member
<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by hawaiianmark:
Aloha, The arbitrator found my family and i liable for 750.00 for my son hitting the p's son. He fined him, my son, 250.00, and costs to the p 390.00. The Arbitrator found Def2 liable for the car damage 3055.00 the def2 son liable for a attack on p son 1000.00, and def2 son punitive for 500.00. End of story. It is over i hope no one has to face a law suit, but if they do, i hope they find this site for guidance thanks to all for any advice given, it was appreciated. Aloha to all, hope all your winds blow off shore....<HR></BLOCKQUOTE>

Mark, thanks for the update. Was this binding arbitration?
 
H

hawaiianmark

Guest
Aloha again! Not binding, though i was for binding. I guess i am kinda bummed, but i did get alot of (not wanted) learning and experience out of it. It was a long ordeal. P was the one who didnt want the binding tho' was suggested by the arb. (he was VERY akamai) and i (aw ****) agree with his decision (ow-my pride, ow-my faith in my sons word) Arb. wanted binding 'cause he felt he could be more flexible with the settlement- And i think i had P worried a bit after i learned the GAME a bit. I did succeed (suck seed?)KNOW what I mean homeguru?)in getting the arb to see that ALL minors in this case were not telling all they knew about the situation- SOOOOO, back to fighting fires, helping TUTU across the street, and wacking a few lips in the (THANK GOD) old mother ocean, 'bout 4 feet now supposed to build.... Thanx again- aloha once more to all....time to get wet....
 
H

hawaiianmark

Guest
By the way, IAAL, lawrat, you helped in whatever way by your input, it is appreciated, and i will know now not to look at any thing in a ignorant light again!! Homeguru- thanx for the ohana support- you no dat! Dont hassle the ignorant ones like me, but xplain it in lay terms so they also can fight the good fight, which is their RIGHT to do... the help was and is appreciated... aloha to all...
 

I AM ALWAYS LIABLE

Senior Member
My response:

I have a feeling, HM, that this isn't over yet. They have 30 days to serve and file a Notice of Trial de Novo, asking for a trial. In that event, the litigation continues.

You see, that's why the other side didn't agree to "binding" arbitration, and were using the "non-binding" arbitration as a dry run and to see your, and the other defendant's, strategy. Now that they know, I'll bet you dollars to dimes you'll be receiving the Notice.

IAAL

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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

HomeGuru

Senior Member
<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by I AM ALWAYS LIABLE:
My response:

I have a feeling, HM, that this isn't over yet. They have 30 days to serve and file a Notice of Trial de Novo, asking for a trial. In that event, the litigation continues.

You see, that's why the other side didn't agree to "binding" arbitration, and were using the "non-binding" arbitration as a dry run and to see your, and the other defendant's, strategy. Now that they know, I'll bet you dollars to dimes you'll be receiving the Notice.

IAAL

<HR></BLOCKQUOTE>

IAAL, good point and I was thinking the same thoughts. That's why I asked about the type of arbitration. Given the low award amounts with the high of less than $5000 for defendant 2, it would not be worth the time and the money to litigate. Attorneys fees to prepare for litigation would exceed the arbiters' award amounts.
 
H

hawaiianmark

Guest
Aloha, more fun perhaps? Ouch again- I was aware of his options for a trial de novo- but what he was asking for was not that much more than what he was awarded (for me) and for def2 was xactly what he asked, 'cept 1000 less on the 3055.00 (he wanted 4500.00)- I sure hope that he does not go to de novo, i dont think i would have the skill to defend myself in a jury trial, being that the arb. was able to be so flexible with the way the arbitration was done, what of the fact that if he does not recieve a award of 30% more- that he is fined , sanction etc. shouldn't that be a deterent of some sort to not re-litigate the case? Hey thanx again--aloha----
 

I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by hawaiianmark:
Aloha, more fun perhaps? Ouch again- I was aware of his options for a trial de novo- but what he was asking for was not that much more than what he was awarded (for me) and for def2 was xactly what he asked, 'cept 1000 less on the 3055.00 (he wanted 4500.00)- I sure hope that he does not go to de novo, i dont think i would have the skill to defend myself in a jury trial, being that the arb. was able to be so flexible with the way the arbitration was done, what of the fact that if he does not recieve a award of 30% more- that he is fined , sanction etc. shouldn't that be a deterent of some sort to not re-litigate the case? Hey thanx again--aloha----<HR></BLOCKQUOTE>

My response:

There is no real "deterence". A basic understanding of "trial de novo" means that any party not satisfied with the outcome of an non-binding arbitration may ask for an actual trial (their "day in court") and the arbitration is treated as if it never occurred and can not be mentioned at trial. The use of a trial de novo is tactical, at best, in the hopes that the paying party will realize that trial will cost more than the difference in the amount awarded. Therefore, the paying party might just put up more money in settlement than to expend more money for trial preparation.

For example, in order to get yourself out of this litigation, you might want to offer $300.00 more than what was awarded in arbitration, for two reasons:

1. $300.00 is less than the costs of a trial; and,

2. That extra amount might be the amount that will "buy you your peace" so you can get on with your life.

In the event of such Notice, all of the defendants will be making this decision and weighing their options versus the costs involved.

Each defendant need not necessarily agree to settle for their portion of the litigation. If you wanted to settle your part, as suggested above, you can do so, regardless of what the other defendants may decide, when Notice is finally served.

On the bright side, the Plaintiffs may merely accept the award, and upon your payment of the damages, will file and Request for Dismissal. Be VERY careful when reading all of the paperwork in the event of settlement to make sure of the terms and conditions. It wouldn't be a bad idea to run such papers by an attorney to make sure you're not overlooking something that could come back at you later on down the road - - despite the settlement.

IAAL

------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



[This message has been edited by I AM ALWAYS LIABLE (edited September 02, 2000).]
 
H

hawaiianmark

Guest
Thanx IAAL, i will be very careful in anything that passes this way. ... If i do send say the 300.00 over the amount, could it, or can it, be looked at in trial as a basis to grant the P more $ ? (if he was to go to de novo?) I know IF is a big word- i value the input- gives me a perspective on situations that may come up...Aloha...
 

I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by hawaiianmark:
Thanx IAAL, i will be very careful in anything that passes this way. ... If i do send say the 300.00 over the amount, could it, or can it, be looked at in trial as a basis to grant the P more $ ? (if he was to go to de novo?) I know IF is a big word- i value the input- gives me a perspective on situations that may come up...Aloha...<HR></BLOCKQUOTE>


My response:

No. Anything said or offered via settlement negotiations is SPECIFICALLY prohibited from being introduced into evidence. The reason being is that courts, and the law, encourage settlements and want cases to be dropped from the court's docket. If settlement offers were to be introduced into evidence, then that would act as a deterence to settlement and courts would be even more congested than they already are. So, settle away - - if it should come to that.

IAAL


------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 
H

hawaiianmark

Guest
Aloha- And i figured that the reason for the arbitration was to keep the courts un- congested! Seems kind of lame to have it BACK in court at a partys choice but that is the choice available to them...I will try to settle, and as i hope put it behind me- should be rather interesting tho' to see what my adversary will do or say now that the award has been made- Thanx again- Aloha---
 
H

hawaiianmark

Guest
Aloha once more- If i start paying the P in amounts of say a third of amount owed- can i be assured that it will count towards the total amount? i really just want to get this deal over with and outta of my LIFE... aloha again---
 

HomeGuru

Senior Member
<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by hawaiianmark:
Aloha once more- If i start paying the P in amounts of say a third of amount owed- can i be assured that it will count towards the total amount? i really just want to get this deal over with and outta of my LIFE... aloha again---<HR></BLOCKQUOTE>

Partial payments will count, but if you want to move on, scrape up the money and pay the entire amount owed in the form of a cashiers check. That way you won't have this hanging over your head while you enjoy those curls on the big swells.
 

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