Expert: Timmy Chou - 6/29/2003

Question
I recently purchased about a week ago a JAPANESE antique which i later found (via e-mail) that it was a copy of an Imperial Sake Set. I have been correcpsonding with the seller but he is totally unwilling to offer a refund of $1295 (the purchase price for the item).

I do not know if mediation is the solution but perhaps Invstment? Business law?

Any jelp you can p[rovide would be appreicated. i can provide more dertails.

Basically I saw the item at a local antique show but did not buy it. i took the sellers card and called him approx a week later ands had him send it to me via fed ex overnight (usin my account number) as soon as he received my check. Unfortunately i can not stop payment my check since he cashed it at the bank my check is written. I have asked him for my money back but he says he showed this in person to "people" - none of which he mentions by name nor give me any contacts (whic he promised)

This is just a big mess that i am hoping can be rssolved in my favor by a letter from a lawyer who is a specialist in this field. i would also like him and his colleague never to be able to have a booth at the antique market since the market frowns upon copies/reproductions

Answer
Thank you for your question!

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 unfortunately very typical.  I am not a lawyer, nor can I mediate your dispute with just you alone but I can respond to your question from my business consulting experience.  Note that this dispute will likely have legal implications and you may wish to consult an attorney.

My opinion is that you have unfortunatly been taken advantage of by an unscrupulous person and now you have to fight to avoid being screwed. It sounds to me like you will have a hard time proving fraud, as typically the antique market adopts a "buyer beware" attitude.  If hte seller has given you some written material claiming something about the piece, you may have a hard time.  

The seller knows you have few options for recourse and that you are probably unwilling to hire a lawyer for $2000 to chase a $1295 purchase.  As such, generally mediation is a hard sell.  Your only option may be small claims court.  This will not be easy if the seller is out-of-state
of course.  

Also, many states have an Office of Consumer Affairs or an Ombudsman's Office as an advocate for consumers.  Try to locate them with your story.  

These are some ideas.  Feel free to follow up with additional questions.

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 hare
    usually more expensive than mediation and arbitration
    part of the public record