Private Arbitration at sythe.org

Discussion in 'Market Discussion' started by Sythe, Aug 20, 2009.

Private Arbitration at sythe.org
  1. Unread #1 - Aug 20, 2009 at 5:45 AM
  2. Sythe
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    Hi all,

    I am interested to know what people think of an idea I've had for improving the quality of dispute resolution here at sythe.org.

    In the real world if you have a dispute with a neighbour, you might 'sue' them, which in most cases involves going to an mediator to settle the matter outside of court. -- A little like getting a middleman to oversee and resolve your dispute. This is called private arbitration.

    This could be implemented here in the following way.
    Person A we'll call Paul
    Person B we'll call Albert

    1. Paul accuses Albert of scamming him. He does this by opening a new case in the appropriate forum.

    2. Albert is automatically informed of this new case and sent a link to it.

    3. Albert and Paul both agree on an Arbiter (essentially a middle man to resolve their case) and a price to pay the arbiter.
    3a. If they cannot agree on one then a staff member automatically takes the role of Arbiter. (Probably not in Albert's best interest.)
    3b. If Albert never shows up (posts in the case) then the case is suspended for review by a staff member. (Again, not in Albert's best interest.)
    4. The Arbiter reviews the evidence, makes a decision on the case and posts his judgment in the case thread. The case is then closed and a member of staff will act on the judgment.



    So basically, the two parties to a dispute pick a judge, agree to be bound by that judge's ruling, then the judge reviews the evidence and gives a ruling and sythe.org staff enforce said ruling.

    It's in both party's best interest to pick a good judge, just like they pick a good middleman. It's also in neither party's best interest to allow the case to fall down into staff hands because staff can be unforgiving and brisk.

    Post your thoughts, suggestions, etc here.
     
  3. Unread #2 - Aug 20, 2009 at 6:03 AM
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    I think it would be hard to get two users, one accusing the other of scamming, to cooperate with each other long enough to agree on an Arbiter. Usually, after a scam, the victim is blocked, and PM's are ignored. Thus, staff would end up being the default arbiter of most cases, and the opportunity to argue the proof would take longer to review than the report itself.

    Moreover, in the rare case where an arbiter can be agreed, each side has an incentive to choose a friend to support their case. In the court system, the jury is required to be impartial, and are interviewed to insure minimal connection to either side; on a forum, that sort of separation is impossible to expect. Bribery, too, is a lot easier, given the ease with which MSN allows covert communication.
     
  5. Unread #3 - Aug 20, 2009 at 6:10 AM
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    Yes, but ignoring a case brought against one is not in one's best interest; One is unable to testify at one's own trial essentially.

    In most small claims cases matters are settled by private arbitration. The two parties of a dispute do not have to like each-other or be themselves honest to agree on a fair judge.

    In the event of bribery the damaged party may themselves launch a separate case against the corrupt judge. -- These are easy to resolve since a judge only makes money if he/she has a good reputation, and therefore any judge should be happy to be judged by a fellow judge of equal or better reputation on any of their own past cases.

    To make this work we'd have to give banned members access to the new arbitration section.
     
  7. Unread #4 - Aug 20, 2009 at 6:13 AM
  8. Sythe
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    As an additional service we should look into providing long term evidence storage (screenshots mainly) in a database, so old case histories can be fully restored.
     
  9. Unread #5 - Aug 20, 2009 at 6:29 AM
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    This would be a great idea and i support it this will help with allot of fake accusations. But what if the person that has been accused of scamming purposely does not agree with an Arbiter or even stay in communication with the victim?
     
  11. Unread #6 - Aug 20, 2009 at 6:31 AM
  12. Sythe
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    An additional thought occurs.

    When two parties enter into a transaction, they should decide upon an arbiter before the trade goes through. That way if there is a dispute afterwards it's already decided. This happens in contract law everyday, so why aren't we doing it?
     
  13. Unread #7 - Aug 20, 2009 at 6:31 AM
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    In the real world, the issues are dynamic and complex. There's usually not a clearly innocent or guilty party, and even when there is, there can be a disagreement about what compensation is owed.

    Here, you have to assume that in most cases, one of the users is a scammer, and will have acted intentionally and is fully aware of their fault. They're not going to want to sit down in a negotiation, and select their executioner unless they think they can corrupt or stall it. If they do not have someone to bribe, and the system does take more time, staff will still be the natural choice: we're easily trusted, and are more likely to have the approval of the party scammed, and we have lots of reports to answer, so we probably won't get to it as fast (winning the approval of the scammer).

    It's hard to find proof of corruption; there are often ambivalent reports, and it would be difficult to fault a judge for his opinion or his insistence that further proof would be needed, even if those judging his decision disagree with it. I occasionally disagree with the rulings made by other mods, but I obviously don't therefore assume that their decision was corrupted.
     
  15. Unread #8 - Aug 20, 2009 at 6:33 AM
  16. Sythe
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    Well that's an absentee trial. Ie a trial where the defendant doesn't show up. And that's basically what's already happening with every dispute right now. So this system could easily do better.
     
  17. Unread #9 - Aug 20, 2009 at 6:39 AM
  18. Sythe
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    Yeah I forgot to mention that the proactive party should probably get the other party to agree on an arbiter before the transaction. We can provide a form or something using sythe.org user permissions to allow two parties to agree to an arbiter before a transaction is completed. Or they could provide proof of agreement (contract) in some other form.

    Well even in this scenario, the staff will have more incentive to judge fairly than they do now, if the parties are paying for the arbitration.


    Proof of corruption is what a judge is there to judge in the first place. And the plaintiff is there to provide proof of corruption. Essentially a case can be rejudged encapsulated in a larger case to help determine if a judgment was bias.

    It's not perfect but I'd like to see if it works out better than what we have.
     
  19. Unread #10 - Aug 20, 2009 at 7:03 AM
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    I suggest this should only be done, if the person who is accused of scamming wants to dispute. A large portion of people so far have said that this should be pre-arranged, but in most cases its a hit-and-run situation.

    On another note, this system could be used to dispute infractions in addition to bans.
     
  21. Unread #11 - Aug 20, 2009 at 7:10 AM
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    I agree with macroman, many scammers doesn't evevn care if they get banned or not, they can easily create new accounts.

    I don't get the "middleman" part, does he decide if the scammer is guilty or not? or the final decision is still made by a mod?
     
  23. Unread #12 - Aug 20, 2009 at 7:28 AM
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    I think this is a very good idea. The only problem would be how to find these mediators that would not have an opinion based on friendship, or dislike towards another Sythe user. I was scammed $300 today, and the user blocked me. He's getting away with it because nobody can be bothered to even talk to him, and there's no obvious proof. This system would decrease larger scams by a lot. I definitely agree with it.

    What some people don't understand on this thread is; this would probobly only be in the case of big scams - not the everyday pin scam you see on sythe.
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    Heres an idea...

    [​IMG]
     
  25. Unread #13 - Aug 20, 2009 at 10:25 AM
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    Its an interesting idea but, does sythe have the manpower to do it for everyone who asks for it? because i mean someone within the staff would have to be the judge, or atleast oversee it, and with the ammount of scams that go on it could get a bit hectic.
     
  27. Unread #14 - Aug 20, 2009 at 10:30 AM
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    Alright. The idea is pretty good. What I want to suggest is this: we can base this system on the middleman system. There can be officials, and unofficial ones. To become an official, you must go through an application, and be approved by a head of arbitration.
     
  29. Unread #15 - Aug 20, 2009 at 10:56 AM
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    But un-official that's just like say regular members can solve disputes, which is unfair.
     
  31. Unread #16 - Aug 20, 2009 at 4:43 PM
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    This is certainly ideal for all business matters and needs to be implemented. If any thoughts/specs are needed please contact me.

    Email: [email protected]
    MSN: [email protected]

    PM works as well.

    Also agreed. Either official or unofficial, they'll be needed. Everyone benefits off the proposition
     
  33. Unread #17 - Aug 20, 2009 at 6:34 PM
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    Personally I think in an ideal world this would be great, but judging from personal experience the scammer will deny everything or just leave and stop posting.

    Its a nice idea though.
     
  35. Unread #18 - Aug 20, 2009 at 8:58 PM
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    I like this system,but one again there are big flaws such as bribery and choosing a friend as a judge.
     
  37. Unread #19 - Aug 20, 2009 at 9:37 PM
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    Did you get the idea from Wikipedia's dispute resolution process?
     
  39. Unread #20 - Aug 20, 2009 at 9:42 PM
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    Also, I don't think that it's a bad idea for dispute resolution (after someone is banned), but it should not be used to *decide* whether someone should be banned for scamming in the first place; that judgement should reside with the staff (who should also have the authority to override any decisions made by arbiters if they feel the need).
     
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