Arbitration and confidentiality clauses can hide significant information from investors.
Take a closer look at the arbitration process you’ll have to use if you have a dispute with your broker. Among other shortcomings, the process lacks legal standards that can help or hurt your case.
It’s been believed and now it is confirmed, in mediation, creative solutions can be achieved. (The recent mediation in Detroit, featured on the home page, is a solid example.) A study in Denmark and Norway, in 2014, the subject of an article in Negotiation Journal (October, 2014), found that the majority of civil cases that were mediated–divorce; probate; contracts–produced creative solutions, defined as solutions that contained elements beyond those that were reported in the court filings.
“Where is it written, that the tort system, and the tort system alone, must be the guiding force in determining who gets what?” It’s a good question.
“Money is a pretty poor substitute for loss,” Feinberg said.
In “Who Gets What,” he also points out that other cultures have different ways of offering compensation, and it often doesn’t involve money. “It is,” he concluded, “the limit of what we can do.”
It is also the American way.
Who Gets What: Fair Compensation After Tragedy and Financial Upheaval
…from Abraham Lincoln to Douglas MacArthur
“MacArthur was one of the most decorated generals in American history. But in the end he turned out to be far better at making peace than waging war.”