This post comes at a very interesting time. I had actually been thinking along these lines last week and I discussed the idea with a few people to get some input. I have been considering an arbitration option all weekend.
There are still a few problems from our point of view. First, both sides need to agree to the arbitration in order to make it binding. I think that makes it unusable for most of the problems discussed here in the past. The companies who are blatant about not paying their abstractors are never going to agree to binding arbitration. I think they hide behind the fact that legal action is difficult and expensive for the abstractors.
Second, even if you have both parties agree to the arbitration, one side is not going to be happy with the outcome. I think that would make it difficult for Source of Title to get involved. As Kevin has stated - it could slow the growth of the site and become a barrier to communication. We want to do everything we can to create an open environment for the sharing of ideas and experiences.
Third, I think this site is more heavily visited by the abstractors which may create a biased atmosphere. The clients may not want to have their disputes settled on this forum.
The current issue between Mr. Davis and Financial Dimensions, Countywide Abstract, et al. may be an excellent test run of a public hearing. It does seem that most of the parties are willing to participate, however will they be willing to make it binding?
If you need any assistance, like making PDFs of the evidence available on the site, please let me know and I will do my best to accommodate the hearing.
Best,
Robert A. Franco
SOURCE OF TITLE
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