The bailiff announced, "All rise. Court is in session, the Honorable Judge 'Grumpy' presiding."
That was quick, I thought. I was sitting at a table with a group of mediators, ready to help settle cases right before trial. Most judges love us becasue if we're successful, they get to go home early. So they try one case right away and send the rest out with mediators.
I looked at the clock on the wall. 8:50. Judges are often 10 minutes late starting court, but early is unusual. Perhaps he had a brief motion argument to hear before starting on the day's calednar.
"Okay, we have a full calendar today, Ladies and Gentlemen," the Judge began, "I am going to call the docket. If you are ready to proceed with your case, stand and say, 'I'm ready,' when I call your name."
He went through the call and sure enough a few people hadn't arrived yet. Finishing the call, he instructed the parties to meet briefly in the hallway and see if they can't settle their dispute before going to trial. Mediators were available if they would like to use one.
At 9:15 he called everyone back into the courtroom and asked if anyone had settled their case. A couple of people raised their hand. The judge instructed them to proceed to the clerk's table to fill out the paperwork, and he proceeded wasted no time proceeding with the second calendar call, asking for those who hadn't appeared yet.
"Smith vs. Jones?", the Judge called. Mr. Jones said Mr. Smith hadn't arrived yet. "Final call, Mr. Smith?" No reply.
"You may go home, Mr. Jones," said the judge, "I'm dismissing the case."
"What happens now, your Honor," asked Mr. Jones.
"You may go home and have a nice day," the judge offered dismissively.
He was halfway to the courtroom door when Mr. Smith came rushing in looking frantic and dissheveled. Unnoticed by the Judge who is calling the next case, Mr. Jones turns and says, "Your Honor, Mr. Smith is here."
The judge looks at Mr. Smith, out of breath and disheveled from running up two flights of stairs from the parking lot and says to him, "Too late, Mr. Smith, I just dismissed your case."
Mr. Smith looks at the clock on the wall. 9:20. He apologizes to the Judge and explains 'a bad traffic accident — traffic stopped cold for more than 10 minutes' is the reason he is late.
Mr. Jones joins in to say he would like to get this over with today. They have already waited 2 months to go to court.
The Judge gave Mr. Smith the kind of brief lecture on the virtue of promptness that one might expect before being forgiven, but to everyone's surprise the Judge finished with, "Now you may go home. I dismissed your case."
Smith and Jones looked at each other helplessly, shrugged, and walked out of the courtroom as the Judge went on with business. One can only hope they settled the matter themselves in the hallway.
Other than the names Smith and Jones, this is a true story. Callous disregard for the public by people who abuse power, no matter how few, is a prime motivator in my founding net-ARB.
Moreover, net-ARB was conceived to fill a giant void on the internet. Was there any way, any where, any how . . . two people in geographically diverse locations could get a swift, just, solution to a legitmate contract dispute, breach of warranty dispute, etc.? The answer was a resounding NO.
net-ARB was created specifically to fill that void. Taking note of increasing consumer wariness over long-distance transactions with nowhere to turn should things go wrong, net-ARB made it our mission to increase trust and accountability on the internet through our
» Consumer Confidence Program. CCP members pledge to use arbitration instead of litigation and display net-ARB's Seal of Trust to reassure consumers.
Dispute ResolutionMoreover, at net-ARB we treat clients with respect — you have my word on it!
Marty LavineFounder of net-ARB.com
