EP1242952A4 - Procede et systeme d'arbitrage obligatoire - Google Patents

Procede et systeme d'arbitrage obligatoire

Info

Publication number
EP1242952A4
EP1242952A4 EP00982431A EP00982431A EP1242952A4 EP 1242952 A4 EP1242952 A4 EP 1242952A4 EP 00982431 A EP00982431 A EP 00982431A EP 00982431 A EP00982431 A EP 00982431A EP 1242952 A4 EP1242952 A4 EP 1242952A4
Authority
EP
European Patent Office
Prior art keywords
arbitration
documents
document
mandatory
language
Prior art date
Legal status (The legal status is an assumption and is not a legal conclusion. Google has not performed a legal analysis and makes no representation as to the accuracy of the status listed.)
Ceased
Application number
EP00982431A
Other languages
German (de)
English (en)
Other versions
EP1242952A1 (fr
Inventor
Stephen W Comiskey
Current Assignee (The listed assignees may be inaccurate. Google has not performed a legal analysis and makes no representation or warranty as to the accuracy of the list.)
Individual
Original Assignee
Individual
Priority date (The priority date is an assumption and is not a legal conclusion. Google has not performed a legal analysis and makes no representation as to the accuracy of the date listed.)
Filing date
Publication date
Application filed by Individual filed Critical Individual
Publication of EP1242952A1 publication Critical patent/EP1242952A1/fr
Publication of EP1242952A4 publication Critical patent/EP1242952A4/fr
Ceased legal-status Critical Current

Links

Classifications

    • G—PHYSICS
    • G06—COMPUTING; CALCULATING OR COUNTING
    • G06Q—INFORMATION AND COMMUNICATION TECHNOLOGY [ICT] SPECIALLY ADAPTED FOR ADMINISTRATIVE, COMMERCIAL, FINANCIAL, MANAGERIAL OR SUPERVISORY PURPOSES; SYSTEMS OR METHODS SPECIALLY ADAPTED FOR ADMINISTRATIVE, COMMERCIAL, FINANCIAL, MANAGERIAL OR SUPERVISORY PURPOSES, NOT OTHERWISE PROVIDED FOR
    • G06Q10/00—Administration; Management
    • G06Q10/10—Office automation; Time management

Definitions

  • the present invention relates to a method and system for enrolling or registering one or more individuals or entities, such as a testator or contracting parties, in a program that requires resolution by binding arbitration of any challenge or complaint concerning any unilateral document, such as a will, codicil, trust, or power of attorney executed by such an enrolled individual or entity, or any challenge or complaint concerning any contractual document between two or more enrolled parties through a computer on a network.
  • individuals or entities such as a testator or contracting parties
  • ADR Alternative Dispute Resolution
  • ADR Alternative Dispute Resolution
  • Arbitration involves the voluntary submission of a dispute to one or more arbitrators for a final and binding determination. The arbitrator hears and considers the merits of the dispute and renders a final decision that is binding on all parties involved. Arbitration can provide an effective method of resolving disputes privately, promptly and economically. It provides for the substitution of the award or decision rendered by the arbitrator for judgment of a court.
  • An object according to the present invention is to overcome these and other drawbacks with existing systems.
  • Unilateral documents are documents that are created by a single entity. Unilateral documents may include wills, codicils, trusts, living wills and other testamentary documents. Other examples of unilateral documents may include advanced medical directives and powers of attorney.
  • Such documents may include contracts as well as other agreements involving two or more entities.
  • the present invention also enables contractual parties to register one or more contractual or other multi-party documents in the mandatory arbitration system through a computer on a network.
  • the mandatory arbitration system requires resolution by arbitration concerning any dispute or complaint to the one or more registered unilateral, contractual or other documents.
  • a member may be charged a fee for registration for a predetermined period of time. For example, a member testator may be charged a fee for lifetime registration.
  • Member parties to a particular contract may each be charged a fee for a particular contract and any amendments to that contract or other document.
  • the system may provide state- specific language specifying binding arbitration for insertion in a member's one or more unilateral documents or for insertion in a member parties' one or more contracts or other documents.
  • the present invention may also assign a coded registration number or personal identifier for insertion into the member's unilateral document or the member parties' contract. The coded registration number or personal identifier verifies that the member has voluntarily agreed or the contractual member parties have voluntarily agreed to binding arbitration through a mandatory arbitration system of the present invention.
  • a database of the present invention may contain copies and/or virtual electronic originals of the member's unilateral documents and/or the members parties' contracts or other documents.
  • a complainant must submit a request for arbitration through the mandatory arbitration system.
  • the system may then process an invoice estimating arbitration fees, costs, and expenses.
  • This invoice may be sent to a fiduciary, executor, trustee, or other designated entity, where payment may be made to the mandatory arbitration system by the estate, trustee, or other designated entity.
  • the member may have previously authorized the mandatory arbitration system to be paid directly by the entity holding the decedent's property in cases, for example, where a testator anticipated that the fiduciary, executor, or trustee might refuse to pay such an invoice from the mandatory arbitration system.
  • the present invention provides a service where a member is assured that the wishes expressed in his or her testamentary or other unilateral documents are, in fact carried out accordingly through a professional private arbitrator, where the arbitrator is chosen by the mandatory arbitration system.
  • additional assistance for the arbitrator may be obtained through arrangements with one or more accounting firms, law firms, consultants, assistants, experts, and other professional firms.
  • the present invention addresses the need for thoughtful and speedy resolutions and expeditious dispositions of complaints and challenges regarding unilateral documents, contracts and other agreements.
  • the arbitrator may schedule dates and times for petitions to be filed and the arbitration hearing to be held.
  • the present invention provides an expedient and efficient private manner of handling disputes arising from will and trust contests and challenges and of handling disputes arising from contract disputes without expensive and time consuming court proceedings.
  • the awards and decisions made by the arbitrators in the present invention are then enforceable in the courts.
  • Both parties to the contract in dispute may receive a list of potential candidates for arbitrator. From the list of candidates, each party may disapprove of certain candidates for various reasons, including bias or conflicts of interests, or for no particular reason. If an arbitrator is not agreed on by both contracting parties, the parties may then receive another list of potential candidates and the selection process is repeated. At this stage of the dispute, it is often the case that both parties may not be willing to concede to any wishes of the other party, including the other party's choice of arbitrator.
  • the present invention eliminates this process of selecting an arbitrator by assigning an arbitrator to the dispute through the system. Thus, since the system assigns an arbitrator to resolve the dispute, wasted time and effort in selecting an arbitrator are eliminated.
  • arbitration hearing The specific type of arbitration hearing that will be held may vary with each case and circumstance. For example, if relatively uncomplicated matters or issues are involved, arbitration may be conducted by exchanging documents and a telephone hearing as the most appropriate method. For more involved matters, an arbitrator may be assigned to the dispute to personally conduct the arbitration and the hearing may be held at or near the geographic location of one or more of the parties or the arbitrator. Further resources may also be consulted or utilized through the system. Thus, the present invention seeks to provide the most efficient type of resolution in the most cost and time effective manner while still allowing the parties the opportunity to be heard.
  • FIG. 1 is a diagram of a system for mandatory arbitration concerning a unilateral document dispute according to an embodiment of the present invention.
  • FIG. 2 is a diagram of a system for mandatory arbitration concerning a contractual or other multi-party document dispute according to an embodiment of the present invention.
  • FIG. 3 is a flowchart describing a process for mandatory arbitration according to an embodiment of the present invention.
  • a system and method for mandatory arbitration precludes disenchanted individuals from presenting their grievances through court proceedings and instead provides mandatory resolution through arbitration in accordance with the present invention.
  • An objective of the present invention is to discourage disheartened prospective petitioners and parties to a contract or other agreement from filing in the courts and to encourage individuals, beneficiaries, and parties to a contract or agreement to resolve all disputes amicably through compromise and settlement prior to filing for binding arbitration.
  • the arbitrator assigned by the system of the present invention resolves to follow the language of the unilateral document or the contract or the agreement, as the case may be, and to ensure that the desires and wishes expressed in the document are followed. For example, the designated arbitrator resolves to carry out the testator's intent in determining a resolution arising from a testamentary document.
  • FIG. 1 is a diagram of an overall system for mandatory arbitration 100 concerning a dispute regarding a unilateral document according to an embodiment of the present invention.
  • Unilateral documents include documents created by a single entity.
  • One or more users 101 may access mandatory arbitration system 110 through the Internet. Access to mandatory arbitration system 110 may be established through the Internet, intranet, World Wide Web, software applications, telephone, cable, radio, television, magnetic, electronic communications, or other methods of establishing communications.
  • User 101 may possess or wish to prepare one or more unilateral documents 103, such as a will, a codicil, a trust, a living will, an advance directive, a power of attorney, or other document created by a single entity.
  • Mandatory arbitration system 110 may include a registration module 120, a request for arbitration module 130, an arbitration schedule 140, an account module 150, and other service modules.
  • Mandatory arbitration system 110 may access copies or virtual original versions of wills, trusts, codicils and other testamentary and unilateral documents stored in database 170.
  • Database 172 may contain state-specific language for inclusion in the user's unilateral documents.
  • Database 174 may contain registration numbers and personal identification information.
  • Database 176 may hold fee schedule information to maintain accurate accounting records.
  • a collection of contacts including, for example, fiduciaries, executors, trustees, and beneficiaries may be stored in database 177. Changes or amendments made to the one or more unilateral documents may be maintained in database 178.
  • the system may assign an arbitrator to determine a final and binding resolution from arbitrator database 179.
  • Registration information may include, for example, identification information, residence information, location of assets subject to the will or trust, characteristics of assets subject to the will or trust, and other relevant information. Also, contact information regarding the executor, trustee, and fiduciary may also be entered. Different states may require different language and conditions for binding arbitration and that information may also be entered. In the case of a testamentary document, the location and type of assets may be subject to different treatment depending on the state the assets are maintained. For example, a testator living in Florida may own a rental house in California, a summer home in Alaska, a bank account in Maine, and a business incorporated in Delaware.
  • testators may obtain state- specific language for inclusion in the testator's will, codicil, trust, or other unilateral document that makes arbitration through the present invention binding in accordance with the appropriate state laws.
  • Language will be provided to be inserted in the unilateral document that will state that any challenge to the unilateral document may not be presented to any court, but must be presented to the mandatory arbitration system of the present invention for binding arbitration.
  • the present invention provides an easy automated method for qualifying a testamentary document for binding arbitration. Also, the beneficiary of the trust does not have any right to the property in the trust until after the maker of the trust executes the trust. Likewise, no one has any right to be another person's attorney in fact. Thus, only the creator of a testamentary or other unilateral document needs to agree to arbitration.
  • Registration with mandatory arbitration system 110 through registration module 120 may involve a fee requirement for registration for a predetermined period of time.
  • the fee requirement may be a lifetime registration.
  • members may receive a coded registration number and/or personal identifier for insertion into the unilateral document that verifies that the member has agreed that mandatory arbitration system 110 of the present invention will arbitrate any and all challenges or complaints related to that document.
  • Mandatory arbitration system 110 may maintain copies, virtual originals, and/or electronic versions of a member's documents. Because the most recent testamentary document may override previous testamentary documents, the database may place time and date identifiers on these documents so that the most recent documents may be easily accessible.
  • mandatory arbitration system 110 may be established through O 01/45006 " " PCT/USOO/32970 the Internet, intranet, World Wide Web, software applications, telephone, cable, television, radio, magnetic, electronic communications, or other methods of establishing communications.
  • mandatory arbitration system 110 may process the request and prepare an invoice statement. For example, a lifetime registration fee paid by a testator may not include actual arbitration fees, costs, or expenses necessary to render a binding decision through mandatory arbitration system 110.
  • Account module 150 may invoice the executor, trustee, fiduciary, or other party for the total estimated expected costs of the arbitration or the underlying document may provide a mechanism for the payments necessary to arbitrate. The system provides a total estimated amount and once an amount is received may place the amount in a trust account and draw upon it as the arbitration progresses. If necessary, the funds may be supplemented or credited accordingly.
  • a neutral arbitrator may be assigned by the system to the dispute for resolution.
  • resolution may be conducted in a variety of different ways. For example, for matters involving relatively small amounts or uncomplicated issues, arbitration may be conducted by exchanging documents and through a telephone hearing. For matters of greater consequence, an arbitrator may meet with the parties involved and conduct an extensive hearing process. This may include document discovery, testimonies from witnesses, and submission of evidence. Also, experts or other assistants may be consulted. For example, one or more individuals may accompany an arbitrator to provide unbiased assistance to the arbitrator. In another situation, an arbitrator may need the assistance of a legal professional who is trained and experienced in wills, trusts and estates. The expertise of an accountant may be needed in another instance.
  • an arbitrator may be accompanied by one or more independent experts in specific technical areas in which evidence is to be presented at an arbitration hearing.
  • the mandatory arbitration system of the present invention 110 carefully examines the complainant's request and the unilateral documents in question and determines the type of arbitration that is most effective as well as what is most time and cost efficient.
  • An arbitration schedule may be available for users of the system at module 140.
  • the schedule may provide all parties to the arbitration hearing with information regarding the status of pending or upcoming arbitration proceedings.
  • the present invention places particular emphasis on speed and expediency. Thus, arbitration hearings may be held soon after requests are submitted.
  • Mandatory arbitration system 110 may also establish arrangements with law firms 180, accounting firms 190 and other establishments, such as professional firms 195, to provide assistance to arbitrators in accordance with the present invention. Thus, expenses may be minimized and profitable alliances may be formed. These firms may also refer clients or potential clients to mandatory arbitration system 110 of the present invention.
  • FIG. 2 is a diagram of an overall system for mandatory arbitration 200 concerning a dispute regarding a contract or other multi-party document (hereinafter "Contract") according to an embodiment of the present invention.
  • Access to mandatory arbitration system 210 may be established through the Internet, intranet, World Wide Web, software applications, telephone, cable, television, radio, magnetic, electronic communications, or other methods of establishing communications.
  • Mandatory arbitration system 210 may include a registration module 220, a request for arbitration module 230, an arbitration schedule 240, an account module 250, and other service modules.
  • Mandatory arbitration system 210 may access copies or virtual original versions of Contractual documents stored in database 270.
  • Database 272 may contain state-specific language for inclusion in the one or more Contracts.
  • Database 274 may contain registration numbers and personal identification information.
  • Database 276 may hold fee schedule information to maintain accurate accounting records. Amendments made to the one or more Contracts may be maintained in database 278.
  • the system may assign an arbitrator to determine a final and binding resolution from arbitrator database 279.
  • parties 201 and 202 to the Contract 205 may access registration module 220 to participate in a mandatory arbitration system according to the present O 01/45006 " ⁇ PCT/USOO/32970 invention.
  • a mandatory arbitration system may be implemented in a mandatory arbitration system according to the present O 01/45006 " ⁇ PCT/USOO/32970 invention.
  • the parties to the Contract may also provide additional information to the mandatory arbitration system such as the names and other reference information related to other entities, such as other corporations, businesses, law firms, accounting firms, banks, insurance companies or other such entities that may have an interest in the performance of the Contract or any challenge to it.
  • Registration information therefore may also include such identification information or such business or corporate information, and other relevant information concerning the Contract.
  • Different states may require different language and conditions for binding arbitration.
  • parties to the Contract may obtain state- specific language for inclusion in the Contract that makes arbitration through the present invention binding in accordance with the appropriate state laws.
  • Language will be provided to be inserted in the one or more Contracts that will state that any challenge or complaint related to the one or more Contracts may not be presented to any court, but must be presented to the mandatory arbitration system of the present invention for binding arbitration.
  • Registration with mandatory arbitration system 210 through registration module 220 may involve a fee requirement for the life of a particular Contract.
  • parties to a registered Contract may receive a coded registration number and/or personal identifier for insertion into the Contract that verifies that the parties to the Contract have agreed that mandatory arbitration system 210 of the present invention will arbitrate all challenges or complaints related to the Contract.
  • Contract parties may use the present invention to store and keep track of all
  • Mandatory arbitration system 210 may maintain copies, virtual originals, and/or electronic versions of the member parties' one or more Contracts. Because the most recent amendment may override previous provisions in the one or more Contracts, the database may place time and date identifiers on these documents so that the most recent documents may be easily accessible.
  • one or more parties to the Contract may access system 210 as one or more complainants 231 through the Internet or other methods of communication. Disputes regarding the contract may encompass interpretation, enforceability, duration, performance, breach (actual or constructive), damages, and other issues.
  • Access to mandatory arbitration system 210 may be established through the Internet, intranet, World Wide Web, software applications, telephone, cable, television, radio, magnetic, electronic communications, or other methods of establishing communications. Because all parties involved with the Contract have registered with mandatory arbitration system 210 and prepared the one or more Contractual documents in compliance with the requirements for binding arbitration according to system 210, an aggrieved party's only avenue of recourse is through the mandatory arbitration system 210.
  • Complainant 231 may submit a request for arbitration of the registered Contractual document through module 230. The complainant may then enter information identifying the Contract.
  • Mandatory arbitration system 210 may process the request and prepare an invoice statement.
  • the lifetime registration fee paid by the member Contracting parties may not include actual arbitration fees, costs, or expenses necessary to render a binding decision through mandatory arbitration system 210.
  • Account module 250 may invoice the parties for the total estimated expected costs of the arbitration or the underlying document may provide a mechanism for the payments necessary to arbitrate. The system provides a total estimated amount and once an amount is received may place the amount in a trust account and draw upon it as the arbitration progresses. If necessary, the funds may be supplemented or credited accordingly.
  • a neutral arbitrator may be assigned by the system to the dispute for resolution.
  • resolution may be conducted in a variety of different ways. For example, for matters involving relatively small amounts or uncomplicated issues, arbitration may be conducted by exchanging documents and through a telephone hearing. For matters of greater consequence, an arbitrator may meet with the parties involved and conduct an extensive hearing process. This may include document discovery, testimonies from witnesses, and submission of evidence. Also, experts or other assistants may be consulted. For example, one or more individuals may accompany an arbitrator to provide unbiased assistance to the arbitrator. In another situation, an arbitrator may need the assistance of one who is experienced in a particular issue related to the dispute concerning the one or more Contracts at issue.
  • An arbitration schedule may be available for users of the system at module 240.
  • the schedule may provide all parties to the arbitration hearing with information regarding the status of pending or upcoming arbitration proceedings.
  • the present invention places particular emphasis on speed and expediency. Thus, arbitration hearings may be held soon after requests are submitted.
  • Mandatory arbitration system 210 may also establish arrangements with law firms 280, accounting firms 290 and other establishments, such as other professional firms 295, to provide assistance to arbitrators in accordance with the present invention. Thus, expenses may be minimized and profitable alliances may be formed. These firms may also refer clients or potential clients to mandatory arbitration system 210 of the present invention.
  • FIG. 3 illustrates a flowchart describing a process for mandatory arbitration according to an embodiment of the present invention.
  • An individual or entity such as a testator or a party to a contract, may register with mandatory arbitration system and pay an appropriate registration fee, at step 310.
  • the registration process may include information regarding identification, description of assets, residence, location, and other pertinent information.
  • the system may then provide state-specific language for insertion in the unilateral document or Contract, at step 320. This language provides that any contest or dispute regarding the disposition of the unilateral document or Contract-related issue is to be resolved through arbitration in accordance with the mandatory arbitration system of the present invention.
  • the system may provide a registration number and/or personal identifier, at step 330.
  • This number or identifier which is inserted in the unilateral document or the Contract, as the case may be, verifies that the document has been properly identified by the registered party or parties for mandatory arbitration in accordance with the present invention.
  • the unilateral document or contract may be registered with the system, at step 340.
  • a complainant may submit a request for arbitration through the system, at step 350.
  • the system may then provide an invoice and estimate of costs, at step 360.
  • the system may recalculate the costs to determine the actual costs and provide one or more additional invoices, at step 370.
  • the system may then examine the document or documents at issue, the facts and circumstances related to the case, hold a hearing, and conduct a binding arbitration, at step 380.

Abstract

L'invention concerne un procédé et un système de résolution d'arbitrage qui fournissent à une partie (310) un document d'enregistrement (340), un composant de facturation (370) et une base de données de langage spécifique (320).
EP00982431A 1999-12-16 2000-12-06 Procede et systeme d'arbitrage obligatoire Ceased EP1242952A4 (fr)

Applications Claiming Priority (3)

Application Number Priority Date Filing Date Title
US46174299A 1999-12-16 1999-12-16
US461742 1999-12-16
PCT/US2000/032970 WO2001045006A1 (fr) 1999-12-16 2000-12-06 Procede et systeme d'arbitrage obligatoire

Publications (2)

Publication Number Publication Date
EP1242952A1 EP1242952A1 (fr) 2002-09-25
EP1242952A4 true EP1242952A4 (fr) 2003-04-02

Family

ID=23833768

Family Applications (1)

Application Number Title Priority Date Filing Date
EP00982431A Ceased EP1242952A4 (fr) 1999-12-16 2000-12-06 Procede et systeme d'arbitrage obligatoire

Country Status (4)

Country Link
EP (1) EP1242952A4 (fr)
AU (1) AU1946301A (fr)
CA (1) CA2431934A1 (fr)
WO (1) WO2001045006A1 (fr)

Families Citing this family (1)

* Cited by examiner, † Cited by third party
Publication number Priority date Publication date Assignee Title
US7529679B1 (en) * 2000-04-05 2009-05-05 Brenda Pomerance Automated alternative dispute resolution

Citations (2)

* Cited by examiner, † Cited by third party
Publication number Priority date Publication date Assignee Title
EP0855687A2 (fr) * 1997-01-15 1998-07-29 AT&T Corp. Système et méthode de commerce électronique à contenu réparti
US6012044A (en) * 1997-12-10 2000-01-04 Financial Engines, Inc. User interface for a financial advisory system

Family Cites Families (4)

* Cited by examiner, † Cited by third party
Publication number Priority date Publication date Assignee Title
US5241466A (en) * 1991-06-26 1993-08-31 Perry Victor A System for administering a central depository for living wills and other associated information
US5794207A (en) * 1996-09-04 1998-08-11 Walker Asset Management Limited Partnership Method and apparatus for a cryptographically assisted commercial network system designed to facilitate buyer-driven conditional purchase offers
US5956687A (en) * 1997-04-04 1999-09-21 Wamsley; Vaughn A. Personal injury claim management system
US6067531A (en) * 1998-07-21 2000-05-23 Mci Communications Corporation Automated contract negotiator/generation system and method

Patent Citations (2)

* Cited by examiner, † Cited by third party
Publication number Priority date Publication date Assignee Title
EP0855687A2 (fr) * 1997-01-15 1998-07-29 AT&T Corp. Système et méthode de commerce électronique à contenu réparti
US6012044A (en) * 1997-12-10 2000-01-04 Financial Engines, Inc. User interface for a financial advisory system

Non-Patent Citations (3)

* Cited by examiner, † Cited by third party
Title
No Search *
SCOTT DONAHEY: "On-line dispute resolution workshop", WIPO INTERNATIONAL CONFERENCE ON ELECTRONIC COMMERCE AND INTELLECTUAL PROPERTY 1999, 15 September 1999 (1999-09-15), GENEVA, pages 1 - 13 *
See also references of WO0145006A1 *

Also Published As

Publication number Publication date
CA2431934A1 (fr) 2001-06-21
AU1946301A (en) 2001-06-25
EP1242952A1 (fr) 2002-09-25
WO2001045006A1 (fr) 2001-06-21

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