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About Timmy Chou
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I am a experienced Mediator and a partner in a management consulting firm. As a mediator I work as a third-party neutral and specialize in partnership/shareholder disputes, management/labor issues, company culture difficulties, and family-owned business problems. I can help describe why alternative dispute resolution may be a good choice for you. As an experienced management consultant I may be able to offer creative ideas to help resolve your organizational and business problems and disputes. "If you say conflict, I say opportunity".

 
   

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Arbitration/Mediation - hi


Expert: Timmy Chou - 10/7/2007

Question
i went to a university and was a good student  the top level administrators and dean were a friend of my ex wife and demanded i divorce her  or be expelled , when i did not comply they expelled me in the middle of a term where i would lose all credit and not get refunded any money. or be able to transfer exisiting credit elsewhere
i gave in  and gave the divorce which was tantamount to relinquishing all parental rights since i lost all leverage: i was/am  studying for a psychology degree and the school top adminsitrators and officials said they would declare me moraly unfit if i did not comply, and that they would  sugar coat eveything by saying i was dismissed on a technicality and procedural grounds , since i had been accepted w/o meeting with one of the deans, which was not even true

ultimately this all occured due to  personal affiliation and connection with my wifes rich fmaily, and solicitaion of bribes

in order to further conceal there amlfeasance and to create a mechanism of control and bribe seeking in the future  they established an  heretofore unprecendeted admissions commitee and said they would use it to retroactively apply to me and disqualify my attendance.
question: is there room for criminal or civil charges and where do i go to complain?
what proof is needed?i ahve a dismissal letter  threatening my discharge unless i capitulate, and grant the divorce: cold they be charged with extrotion , coercion, exerting undue influence , civil rights violations, professional misconduct etc..

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.

I am not a lawyer and am not trained to speak to your legal questions or provide legal advice, nor can I mediate the issue with just you alone, but I can respond to your question from my mediation and business consulting experience.

My opinion is that you must first do your best to document the allegations you have described.  If you try to make your case without any independent proof you will be in a classic "he said' she said" situation, and it will be your word against the word of the college and officials -- and you will lose.  

You may have a valid claim, but you should see if you have the legal horsepower to be able to prove it is court.  

Usually the local BAR association provides a consultation service for free which will get you a interview with a lawyer for some advice.  Call them.  

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 0 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

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