This is a conversation between me and my future self, if my financial path wouldn’t have positively forked 2 years ago. The transcript is available here.
What would your future self have to say to you?
The Secret to Fearless Change
Put one foot in front of the other
And soon you’ll be walking cross the floor
Put one foot in front of the other
And soon you’ll be walking out the door
You never will get where you’re going
If you never get up on your feet
Come on, there’s a good tail wind blowing
A fast walking man is hard to beat
Put one foot in front of the other
And soon you’ll be walking cross the floor
Put one foot in front of the other
And soon you’ll be walking out the door
If you want to change your direction
If your time of life is at hand
Well don’t be the rule be the exception
A good way to start is to stand
Put one foot in front of the other
And soon you’ll be walking cross the floor
Put one foot in front of the other
And soon you’ll be walking out the door
If I want to change the reflection
I see in the mirror each morn
You mean that it’s just my election
To vote for a chance to be reborn
Resolving Legal Disputes
Dispute resolution has to do with the impartial rectification of conflict between individuals or parties. More specifically it is the utilization and execution of methods that are designed to resolve conflicts. In a case in which there is a dispute between people or groups, often times a third, neutral, party is selected to be an impartial representative for the disputing persons. Although dispute resolution can refer to resolutions both in and out of the court, it mainly applies to disputes that are settled outside of the legal framework of the judicial system.
Two of the most common types of dispute resolution are known as adjudicative and consensual. While adjudicative resolution requires a third party to mediate the outcome, such as a judge or jury, and usually involves some form of litigation, consensual resolution is the attempt to solve the issue between the two disputing parties without involving a third party, although at times a neutral arbitrator will be selected to preside over the case, though they will often be there not so much for authoritative purposes but more as a council to keep things fair. There is also a third upcoming type of dispute resolution, online dispute resolution, or ODR, which has become more popular in recent years with the rise of the internet’s prominence in daily life, but it is mainly the application of traditional consensual resolution practices, only adapted to the online environment.
Many disputes can be solved simply through adherence to the law, however, sometimes issues arise that the legal structure isn’t equipped to handle, and so a third party is chosen to resolve the conflict. These types of conflict fall within the jurisdiction of the law and so will be relegated to the political system for arbitration. Judicial resolutions are conflicts that will be, hopefully, settled by the court. In the United States, this is often the case with dispute resolution. This form of resolution usually involves litigation. This is the use of outside individuals to argue for or against the disputing parties. In a courtroom, the lawyers are the litigators, while the judge and jury listen to the arguments in order to come to their decisions.
Extrajudicial resolution is non-court settlement of conflict. Also known as alternative dispute resolution, or ADR, this is what people are usually referring to when discussing dispute resolution. ADR is usually more efficient, cost effective, and less time consuming than judicial resolutions. Extrajudicial resolution concerns various types of ways to settle conflict. These include arbitration and mediation. In arbitration neutral individuals will listen to both sides of an argument and render a decision based on evidence. Unlike the court systems, this proceeding doesn’t necessarily include a binding agreement with the parties.
Mediation is used in extrajudicial resolution as a way to open a dialogue between conflicting parties. The idea is to use a trained neutral third party in order to come up with unique solutions to solve the issue. A mediator is trained to be both an effective negotiator as well as an excellent communicator. A mediator is like a judge in that they cannot take sides, and they do not give legal advice either. Their decisions are not obligatorily followed, though they tend to be followed since the mediators are trained to make decisions that benefit both parties.
The techniques used in dispute resolution can be used both in and outside of the court room. It is often used by individuals who wish to speed up the process by not having to get into the political system. However, they are useful in many cases where individuals wish to come to the most beneficial agreement for all the parties involved.
Twitter Weekly Updates for 2010-07-17
- RT @mymoneyshrugged: The government breaks your leg, and hands you a crutch saying "see without me, you couldn't walk." #
- @bargainr What weeks do you need a FoF host for? in reply to bargainr #
- Awesome tagline: The coolest you'll look pooping your pants. Yay, @Huggies! #
- A textbook is not the real world. Not all business management professors understand marketing. #
- RT @thegoodhuman: Walden on work "spending best part of one's life earning money in order to enjoy (cont) http://tl.gd/2gugo6 #
A Well-Trained Husband
- Image by Getty Images via @daylife
I am so well-trained.
I was more than a bit wild when I was younger. For the most part, that ended when my son was born. When you procreate, it’s time to put the wild on a shelf and become a reliable provider. That’s just the way it is. Anybody who prioritizes the wild over the progeny needs to be forcibly sterilized and exiled before be sold for parts.
When my mother-in-law got a membership to Sam’s Club, she gave my wife the second card, so we effectively have a membership. For those who don’t know, Sam’s Club is a warehouse store that has some incredibly good deals and a lot of things that look like good deals because you are buying in bulk.
The thing I hate most about warehouse stores is the default accusation of theft when you leave. They require you to line up so the the person by the door can look at your receipt and pretend to count what’s in your cart while they are really scanning for the most-stolen items in the store and ignoring the rest. The only thing they really accomplish is making all of their customer feel like thieves.
I used to bypass the line and the checker and just leave. My wife got sick of the indignant screeches coming from the store as we left. Eventually she got me to stop.
Last night, I went back to pick up supplies for a fund-raiser I’m helping to organize on Sunday. I went with one of the other organizers, who had some personal shopping to do later. We checked out using his account and he paid, while I took the food home to keep until Sunday. Since he’ll be getting reimbursed for the food, he kept the receipt while I headed for the door. Anybody see the problem here?
When the receipt-checker challenged me, I docilely stepped to the side and called my friend to bring the receipt to the door. I hate the feeling of submitting to authority, especially when the authority is pretending to be customer service. I just calmly did what the door-cop told me, just like my wife wanted, even though she wasn’t there.
I hate warehouse stores.
So You’re Getting Evicted…
Last week, I had the opportunity to visit eviction court, though not for anything having to do with my properties.
It was an interesting experience. Eviction court is a day when nobody is at their best. Landlords are fighting to remove bad tenants, sometimes questioning their desire to be a landlord, while tenants are fighting to keep their homes, often with no backup plan. Occasionally, you get someone who just wants to get out of their lease because the landlord is a creepy peeper who digs through the dirty laundry.
Nobody goes to eviction court in a good mood.
If you ever find yourself in eviction court, here are some things to remember:
Everyone
- If you don’t show up, you lose. Period. Landlord or tenant, judges don’t like waiting around. You will get the worst possible outcome if you stay home.
- The first day is a hearing. The judge will either accept a settlement between the two parties, or he’ll check if there is a valid reason for a full trial. The trial will be schedule for another day. In Minnesota, that happens within 6 days of the hearing.
- Don’t make faces at the other side while they are talking to the judge. Do you want to go to jail for being a smartass? It’s called contempt of court.
Landlords
- Fix the mold, rot, and other habitability issues. You’ll have a hard time getting your rent back if you are a slumlord forcing your tenants to live in a biohazard.
- If you’ve got an automatically renewing lease, don’t file the eviction notice with the renewed lease for violations that happened under the old lease. If you do, you’ll be handing a win to your tenant.
- Make sure you lease has an eviction clause. If it doesn’t, you may not have the right to kick out your tenant for any reason.
- Your tenant’s dirty underwear is not a toy for you to play with. Creep.
Tenants
- Pay your rent. If you are withholding rent to get something fixed, you’ll be expected to put that in escrow the day of the hearing, so don’t spend it on vodka or a new stereo.
- Read your lease and the filing. It may have a backdoor that lets you escape the eviction.
- Try not to get evicted. An unlawful detainer can make it hard to rent again for a couple of years.
- Dress nice. I’m amazed by how many people showed up in ratty jeans and uncombed hair. Look professional. The judge will appreciate the effort.
All in all, it’s best if landlords and tenants try to keep each other happy. The whole business relationship will go much smoother if you do.
