KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and white list ken@kirschenbaumesq.com ****************************** Comment on small claims court v arbitration October 30, 2020 ***************** Webinar Announcement - sign up today: **************** Title: Importance of Sound Financial Management; How to make your company bankable When: November 4, 2020 Time: 12 PM noon ET Presented by: Mitch Reitman Hosted by: Ken Kirschenbaum Who should attend: owners, CFO, general managers Register Here:https://attendee.gotowebinar.com/register/8666979981049202187 ***************** Comment on small claims court v arbitration from article on October 20, 2020 ***************** Ken Why would you go from small claims court to arbitration? Arbitration is expensive and you still end up with the same burned out lawyer making the decision. Daniel ****************** Response ****************** Well, you make a good point. I suppose there are good and bad points for either forum. Small claims court is probably available in all jurisdictions and the experience may be different depending on where you are located. In the NYC metropolitan area it’s like a field day to the Bronx Zoo, only more dangerous and less civil. Once there, probably more than once because cases routinely get adjourned after making you wait all day or night, you can hope for “substantial justice” after your rushed trial. [sure there are exceptions] Though you can appeal the decision, be mindful that appeals are costly and if you’re in Small Claims court it’s because your amount in dispute is small; too small to do an appeal. Of course you might win; then collecting becomes the objective, often an elusive one. Good news is that you can start a small claims action for a nominal amount and in most cases appear without an attorney. Arbitration is private dispute resolution. You have to pay for the arbitrator, so he or she is more likely to be attentive and try. Their skill varies as do their fees. Some are quite adept at running up their fees and that can be expensive. In these days of zoom and skype it’s probably possible to handle arbitration that way. You get a final determination, though you have to go to court to get the arbitration award confirmed. The confirmation process deals with the arbitration process and not with whether the decision is right or wrong. So you will pay more by going to arbitration, the process should be more civilized and faster. Presumably the outcome should be the same whether in arbitration or court. You should have an attorney representing you, no matter how smart you think you are. ****************** To order up to dateStandard Form Alarm / Security / Fire and related Agreements, click here: www.alarmcontracts.com ************************* CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304. *********************** NOTICE: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles *********************** THE ALARM EXCHANGE
This area is reserved for alarm classifieds, alarm company announcements, solicitations, offers, etc. There is no charge to post a listing here.Include your contact information, phone, email and web site. If you would like to submit a post, please send an email to ken@kirschenbaumesq.com. To create a reciprocal link to our website, click here. ************************************************ Getting on our Email List / Email Articles archived: Many of you are forwarding these emails to friends or asking that others be added to the list. Sign up for our daily newsletter here: Sign Up. You can read articles and order alarm contracts on our web site www.alarmcontracts.com ************************** Ken Kirschenbaum,Esq Kirschenbaum & Kirschenbaum PC Attorneys at Law 200 Garden City Plaza Garden City, NY 11530 516 747 6700 x 301 ken@kirschenbaumesq.com www.KirschenbaumEsq.com
