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Carnival Roundup
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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 2010-03-13
- Getting ready to go build a rain gauge at home depot with the kids. #
- RT @hughdeburgh: "Having children makes you no more a parent than having a piano makes you a pianist." ~ Michael Levine #
- RT @wisebread: Wow! Major food recall that touches so many pantry items. Check your cupboards NOW! http://bit.ly/c5wJh6 #
- Baby just said "coffin" for the first time. #feelingaddams #
- @TheLeanTimes I have an awesome recipe for pizza dough…at home. We make it once per week. I'll share later. in reply to TheLeanTimes #
- RT @bargainr: 9 minute, well-reasoned video on why we should repeal marijuana prohibition by Judge Jim Gray http://bit.ly/cKNYkQ plz watch #
- RT @jdroth: Brilliant post from Trent at The Simple Dollar: http://bit.ly/c6BWMs — All about dreams and why we don't pursue them. #
- Pizza dough: add garlic powder and Ital. Seasoning http://tweetphoto.com/13861829 #
- @TheLeanTimes: Pizza dough: add lots of garlic powder and Ital. Seasoning to this: http://tweetphoto.com/13861829 #
- RT @flexo: "Genesis. Exorcist. Leviathan. Deu… The Right Thing…" #
- @TheLeanTimes Once, for at least 3 hours. Knead it hard and use more garlic powder tha you think you need. 🙂 in reply to TheLeanTimes #
- Google is now hosting Popular Science archives. http://su.pr/1bMs77 #
- RT @wisebread 6 Slick Tools to Save Money on Car Repairs http://bit.ly/cUbjZG #
- @BudgetsAreSexy I filed federal last week, haven't bothered filing state, yet. Guess which one is paying me and which one wants more money. in reply to BudgetsAreSexy #
- RT @ChristianPF is giving away a Lifetime Membership to Dave Ramsey’s Financial Peace University! RT to enter to win… http://su.pr/2lEXIT #
- RT @MoneyCrashers: 4 Reasons To Choose Community College Out Of High School. http://ow.ly/16MoNX #
- RT @hughdeburgh:"When it comes to a happy marriage,sex is cornerstone content.Its what separates spouses from friends." SimpleMarriage.net #
- RT @tferriss: So true. "Nearly all men can stand adversity, but if you want to test a man's character, give him power." – Abraham Lincoln #
- RT @hughdeburgh: "The most important thing that parents can teach their children is how to get along without them." ~ Frank A. Clark #
Does Amanda Bynes Need a Conservatorship?
The publicly documented downward spiral of Amanda Bynes may be reaching its breaking point. She has been on psychiatric lockdown for the past three days, and her parents are petitioning for conservatorship in California
on the grounds that they believe she is suffering from acute schizophrenia. They claim that the troubled starlet is unable to make safe decisions regarding her own well-being, not to mention the safety of others. The issue is complex, but the former childhood star has demonstrated that she meets the criteria to have external guardians instated to protect her from unpredictably irrational behaviors.
This development is the latest in a long saga of antics for Bynes, and the recent news report inserts a tragic twist into her somewhat comedic downfall. She had a pristine public persona only a year ago; however, at this time, she was caught publicly smoking marijuana. No one expected this incident to escalate, and it was treated like an innocent youthful infraction; however, the act recently turned criminal when she was reported for smoking in the lobby of her apartment complex.The comedian ran from the arriving police officers, and hurled a large cannabis apparatus out of a skyscraper window. The water-pipe was never found, but it presumably shattered upon impact. Bynes was incarcerated by the New York Police Department. During this time, the actress accused law enforcement of sexual assaulting her in a very lewd manner. Her absurd claims were never substantiated. The case against her is pending, and she has been evicted from her residence.
This was not the first criminal case against Bynes; she is also dealing with hit-and-run allegations in California. It was also not her last interaction with the police. Most recently, the actress doused an elderly woman’s driveway in gasoline and set it ablaze. She accidentally covered a puppy in the flammable liquid, so she ran down the block looking for something to save the animal from catching fire. After ransacking a convenience store, officers accosted her. The exchange resulted in the psychiatric hold that has been placed on Bynes.
Unfortunately, grounds for conservatorship can be exceedingly challenging to meet. Clear proof of mental illness needs to provided, and the standards are rigidly strict; however, if anyone has showcased the fanatical craziness that constitutes a lack of personal responsibility, it is Amanda Bynes.
Her schizophrenia is no longer dormant. The actress has become obsessed with plastic surgery, and she has deformed her face with cheek piercings. She uses online social networks to decry public figures for their ugliness. Victims of this attack include even Barack and Michelle Obama. Furthermore, she makes offensive sexual remarks towards rappers, and she wants to be a hip-hop artist herself. She has spent fortunes on a wig collection, and she employs a different style at every court appearance. The actress even used one as a disguise for an incognito trip to a trampoline emporium.
Anyone that has seen her Nickelodeon program would not be shocked to learn that she was schizophrenic. The role had her switching between dozens of identities for different skits, and she even played a character that was, in effect, obsessively stalking the star herself. “The Amanda Show” was neurotically fast-paced. Ultimately, the entire program can now be viewed as an eerie foreshadowing to the budding of a latent psychological disorder. If the legal standards of insanity are not met, then she will be free to wreak havoc on herself and others.
Bonding Relationships
People can’t be happy in a vacuum. We are social creatures. Even the most anti-social among us needs some human contact. How can you make that contact happen in a meaningful way? How can you connect with other people beyond some superficial meaningless chatter?
According to Keith Ferrazzi in his book, Who’s got your back, there are four mindsets necessary to build lifelong relationships.
1. Generosity. This is your promise to help others succeed. If have a skill that can help someone you know, why not give them a hand? when you help others, you are building social capital, which is a currency that cannot be bought. Since our lives are not ledger books, you can’t do favors with repayment in mind, but it is reasonable to assume that the people ou help will want to help you some day.
An often overlooked generosity strategy is to give away 90% of everything. I’m not suggesting you give away 90% of your wealth or possessions. I’m suggesting you give away 90% of your personal product. Plan to give away 9 times more than your receive. This will not only keep your from being disappointed, but it will also leave you feeling very fulfilled.
2. Vulnerability. It is important to let down your guard and let the world see your humanity. It’s almost impossible to truly connect with someone who’s shields are always up: the guy who seems to be invulnerable and unapproachable. The people you spend time with know your flaw anyway. If you pretend they don’t exist, you are only fooling yourself. I have a lot of problem with this one. Letting down my guard is incredibly difficult, in almost every circumstance. It is far easier to be strong than to let myself be vulnerable.
3. Candor. Total honesty is vital to establishing–and maintaining– lifelong relationships. Even the white lies can destroy your connections. If you can lie about the little things, you are planting doubts on everything else you do and say. Who can trust you then? Lying is inappropriate in almost all conceivable cases. I was raised that a man’s word is his bond. Almost everything you have can be taken away from you, but not your honor. That can only be destroyed by you. Without it, what do you really have?
4. Accountability. You need to follow through on your promises. Be Mr. Reliable(or Mrs!). If you say you will do something, do it! Nothing builds resentment faster than disappointing the people who are counting on you. If you can’t meet a commitment, let the soon-to-be-let-down know as early as possible, so other plans can be made. If you have a hard time keeping promises, then make fewer of them.
If you embrace these principles, you will be well on your way to building–and keeping–strong, satisfying relationships that benefit everyone.
How do you build your relationships?
