Expert: Timmy Chou - 6/11/2011

Question
Hi Timmy

On 5/27/11 my friend and I were approached by two security guards at chesterfield towne center mall while we were sitting down eating our meal. One of them told me to not touch any women without her content. I said to him you can take a look at the camera and see for yourself what really happened. Then he insisted on repeating himself and they both walked away. About 5 minutes later a cop approached me from behind and asked me to leave my table and talk with him near the wall in the food court to join this guy who told me he was the manager of security at the mall when I asked him. The cop told me I was making all the women uncomfortable and they both told me if I ever talk to another women when I'm here I will be banned from their mall and property.

I've been to many bars, clubs, festivals and malls over the years practicing the venusian arts and this has never happened before.

Do you think we have any chance to win a lawsuit or a settlement against chesterfield towne center mall for harrassment, discrimination or for violating my first ammendment right to freedom of speech if I have footage from a hidden camera of me asking them what will happen if I talk to any women while I'm here and why?

Cause I know it's not what we know, but what we can prove.

If the answer is no, why not?

Sterling
http://myspace.com/codedecrypter
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Have a fun weekend

Answer
Thank you for your question!

Sorry for the delay as the system just notified me this morning of your question.

As I always mention, Mediators act as neutral third parties to disputes and never "get involved" in judging the merits of conflict, but merely use special techniques to help the parties decide how to negotiate their own settlement.

The case you describe here is a legal (perhaps criminal) case.  I am not an attorney and cannot give you legal advice or give you any opinion as the strength of your case in court.  Mediation usually involves disputes between civil disputants and you may wish to consult a lawyer if you have concerns.  

For your information, the pros and cons of the types of dispute resolution methods follows.

GOOD LUCK!

Arbitration, Mediation, and Litigation

Arbitration: the referral of a dispute to one or more impartial persons for final and binding determination outside of the judicial system

Benefits of Arbitration:

Confidential, no public record
Limited exchange of documentation, information
Quick, don't have to wait for a court date
Arbitrators have expertise in the subject matter and are trained in conflict resolution
Cheaper than litigation
Preserves business relationships

Negatives of Arbitration

It's a compromise, no %100 winner
Complex arbitration can be costly
If not satisfied, may litigate the arbitration procedure
Poor results with an unskilled arbitrator
Both parties must agree to cooperate in the process

Mediation: the process by which parties submit their dispute to a neutral third party (the mediator) who works with the parties to reach a settlement of their dispute.

Benefits of Mediation:

Neutral mediator can objectively suggest alternatives not considered before
Parties are directly engaged in negotiating the settlement
Can be quicker than litigation
Less costly than litigation
Preserves business relationships
85% of American Arbitration Association cases mediated find successful solutions

Negatives of Mediation

may not reach a binding decision
unskilled mediator

Litigation: using the judicial system to resolve disputes

Benefits of litigation:

a clear winner and loser
uses a prescribed set of procedures
more predictable outcomes
is final

Negatives of Litigation:

waiting for court dates can do more harm
usually more expensive than mediation and arbitration
part of the public record