On Oct 12, 2012, at 1:53 PM, Michael Burke wrote:
Dear Mr. Melamed:
Please see the attached correspondence dated October 12, 2012 from Carl F. Schoeppl, Esq. in connection with the above-captioned matter.
If you have any questions or require further information regarding this matter, please do not hesitate to contact me or speak directly to Mr. Schoeppl.
Michael W. Burke, Office Manager
Schoeppl & Burke, P.A.
4651 North Federal Highway
Boca Raton, Florida 33431-5133
(561) 394-8301: T
(561) 394-3121: F
From: JAMES MELAMED jmelamed@Mediate.com
Subject: Re: Mediation.com
, LLC and Arbitration.com, LLC
Date: October 12, 2012 2:52:47 PM PDT
To: "Michael Burke" firstname.lastname@example.org
Cc: "Carl Schoeppl" email@example.com, "Stephanie Toma" firstname.lastname@example.org
Hi Michael, Carl and Stephanie,
Unfortunately, you do not seem to know your own clients very well!
For example, why do they not indicate who runs Mediation.com or Arbitration.com on their sites? Perhaps this has to do with the existing fraud complaints against them? Or is this due to their complete lack of dispute resolution expertise?
Please note that all of the research done by Don Philbin that disclosed your clients' bait and switch directory system was done without my knowledge. I did not know of these fraudulent practices until Mr. Philbin shared his impeccable research with me and a number of other leaders in the ADR field. Your clients' bait and switch directory practices are insulting to the ADR and legal professions and to credible businesses generally.
I have now received many dozens of complaints regarding Mediation.com. Some of these have been published, but I have saved some real plums. Here is another one received just today:
I just read your page on Mediate.com re: the confusion caused and appropriations made by Mediation.com. Like several members of your site, I have also had a "hard sell" from Mediation.com, back in the Summer. Because we are a nonprofit community mediation center member of Mediate.com, I basically said that we couldn't pay for any membership and just tried to get off the phone politely. The caller kept calling, calling, calling. I last heard from them a week or so ago, and in no uncertain terms told them that I could not buy anything from them, period. Now I've read what's going on, and for the first time, went to look at the site. I was looking at mediators from Tennessee (my state) and Knoxville (my town) and also filtering with the different kinds of mediation to see if I knew anyone. So, long story short about my browsing: I found an old friend listed, Bob Ritchie (Robert W. Ritchie). under "child custody mediation". Bob was an amazing CRIMINAL LAWYER who DIED IN 2006. And there was his full bio on the Mediation.com site. If the scheme they have is to put people on the site and never intend to refer cases to them, but simply use them as bait..using dead people makes perfect sense I guess. Yikes. It also lays rest to any assertion on their part that they are getting mediators off a central list of some kind, publically available. In Tennessee, there is a public list for listed Rule 31 mediators on the TN Supreme Ct website, www.tncourts.gov. But Bob Ritchie would not have been on it, nor any list, except a bar memorial list.
They also have listed as a member Jack B. Draper, a very senior attorney who does civil mediation and arbitration---think labor disputes, car wrecks, etc.----as a child custody mediator. His actual firm page is
http://www.adhknox.com/jack-b-draper.html, at Arnett Draper Hagood in Knoxville, TN. The Mediation.com site's page is: http://www.Mediation.com/memberprofile/jack-b-draper-37901-b5.aspx
To clarify, it was Lee Rough who approached us. We had what I thought was a measure of good faith discussions, until it became clear that Mr. Rough was on a fishing expedition. Fortunately, my business advisor was a witness to most calls. All documents will also show that we have at all times acted in good faith, in stark contrast to your clients.
Plainly, a number of the practices at Mediation.com and arbitration.com are illegal. I have practicing attorneys asking me to represent RIS and Mediate.com in state, federal, FTC and UDRP complaints. These attorneys are prepared to donate their time to ensure that "right" is done in this case, which is of course very gratifying. They and we will vigorously respond to any and all legal actions by your clients. Specifically, we will pursue injunctive relief, actual damages, punitive damages, and fully cooperate with all investigative actions in these regards.
Unfortunately for you, your clients are simply not credible, whereas Mediate.com is one of the most respected dispute resolution organizations on earth. Your clients have absolutely no dispute resolution expertise, they refuse to disclosure their identifies, they do not even show prices, and they have brought hard-edged call center cold-calling techniques to an industry that is based on truth and integrity.
Please do talk to your clients about ending their fraudulent bait and switch directory practices and getting us written confirmation that they will cease and desist using my name and the name of Mediate.com, and we can then consider possibly bringing this matter to a mutually acceptable resolution.
A final note: Each and every word I have published in these regards is 100% truthful. There is nothing to correct.
Let me know your additional thoughts.
Have a nice weekend,
Jim Melamed, CEO
for Resourceful Internet Solutions, Inc.