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<span class="basic_member_name">Justin Baker</span>
Justin Baker
Seattle florist offering organic flowers for delivery. We love green weddings!
Seattle, Washington
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Posted by Justin Baker, Seattle, Washington | Sep 22, 2007

Subscribe to Community-wide general discussion Internet Courts..Are they the Future?

I was just pondering how neat it is that thanks to Biznik i am going to able to conduct business maybe outsource to people outside of Seattle..If i need a virtual assistant who's easy to get along with perhaps i might choose Brianna from Tulsa..or maybe i'd like a building designed Faiz from Bhopal, India could help out.

However, as i began to ponder this i began to have a concern. Often in business either through miscommunication or unforseen difficulty..disputes arise. If they happen between small business people on opposite ends of the globe how are people going to resolve them?

Seems to me our current legal system is inadequately equipped to deal with issues inside our own country unless they involve large amounts of money. Otherwise it doesn't seem to be cost effective to seek recourse.

What does the future hold for small businesses patronizing each other across borders? Are we left to take the chance? i loose a thousand dollars and it hurts! Is there some kind of small claims court for international disputes?

Perhaps the answer lays in the creation in some kind of business model like the Better Business Bureau? only they need to scale up to an international level. that way there is at least some mechanism for mediation/arbritration in the even things do not happen correctly..

Your opinion please..

7 Bizniks have posted replies

  • Barry Hurd
    Posted by Barry Hurd, Seattle, Washington | Sep 22, 2007

    There are several groups that can mediate payments and contracts between organizations across international lines, but these are third party middlemen who charge a fee.

    Some of them negotiate the transaction up front, and both parties agree to the terms of the third party holding the contract and agree to any decision they make in arbitration. PayPal and many of the large online transaction companies actually have such systems in place.

    The idea of bringing in the middleman to conduct business is a horrid business practice in my opinion... it often derails the cost effectiveness of actually doing business with worthwhile companies.

  • Justin Baker
    Posted by Justin Baker, Seattle, Washington | Sep 23, 2007

    negotiating is one thing..but how do you get a gaurantee on the service/product provider's performance? maybe make em get bonded/insured for the work they do?

    basically, if want to get a blog coded by someone in India.. how do i go about ensuring they do the job? perhaps i give them a small percentage up front..and the balance on delivery of the product..?? hmmm

  • Leila Anasazi
    Posted by Leila Anasazi, Seattle, Washington | Sep 25, 2007

    Justin, yep, the U.S. courts (and others!) are stymied and stumbling about such things. Changes are underway, but we're far from solid or comprehensive answers.

    In the meantime, good contracts will include language re: dispute resolution, including jurisdiction/venue/means. E.g., if I am your virtual assistant, and I screw up and cost you $$$$$, well, our contract would pre-address that our dispute would first go to mediation, and then if it had to go to "Court", well, that would be in _my_ county/country of residence ... (or, whatever our contract said ;-)

    p.s. That hypothetical contract ought to also lay out language about attorney's fees and costs if we ever dispute.

  • Justin Baker
    Posted by Justin Baker, Seattle, Washington | Sep 25, 2007

    thanks leila for your informative post..

    i do wonder though if a US based court finds in favor of the plaintiff..just how do you actually collect your damages if the defendant is across the globe and does not bank in the jurisdiction of said court.??

  • Leila Anasazi
    Posted by Leila Anasazi, Seattle, Washington | Sep 25, 2007

    Unfortunately (or fortunately??) you'd probably collect in the same fashion as you would for a local jurisdiction, i.e., holding a judgment against someone is no assurance of collecting it, wherever the other party is based.

    Sure, you can garnish and file liens and so on, but like grandma said, you cannot get blood out of a turnip.

    However, I see many, many legal battles that arise out of some difference of perspective, and if that difference can be mediated/translated then a resolution can be reached. So it really can be beneficial to lay out some clauses about disputes, so that if conflicts arise you already have an agreed approach to seeking resolution (rather than waste time and money arguing about how to argue).

  • Renee Russo
    Posted by Renee Russo, Alsip, Illinois | Sep 26, 2007

    Don't forget about Me, Justin. LOL

    I swear...you are like a pinata just full of ideas!!

  • Andrey Rozmaity
    Posted by Andrey Rozmaity, Seattle, Renton, Kent, Tacoma, Washington | Sep 26, 2007

    LOL, so much for your assistant escaping to a different country. ;]

    -Andrey

    Seattle Business Directory - Free/Paid Listings

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Members posting in this topic

  • Barry Hurd
    Barry Hurd
    Social Media Promotion and Training
    Seattle, Washington
  • Justin Baker
    Justin Baker
    Seattle florist offering organic flowers...
    Seattle, Washington
  • Leila Anasazi
    Leila Anasazi
    Writer
    Seattle, Washington
  • Renee Russo
    Renee Russo
    Virtual Assistant
    Alsip, Illinois
  • Andrey Rozmaity
    Andrey Rozmaity
    Search Engine Optimization [SEO] ...
    Seattle, Renton, Kent, Tacoma, Washington

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