- Happy Independence Day! Be thankful for what you've been given by those who have gone before! #
- Waiting for fireworks with the brats. Excitement is high. #
- @PhilVillarreal Amazing. I'm really Cringer. That makes me feel creepy. in reply to PhilVillarreal #
- Built a public life-maintenance calendar in GCal. https://liverealnow.net/y7ph #
- @ericabiz makes webinars fun! Even if her house didn't collapse in the middle of it. #
- BOFH + idiot = bad combination #
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.
Peter Capaldi: The New Dr. Who’s Filmography
If you’re new to Dr. Who, one of the odder concepts in the program is that The Doctor periodically regenerates. This is a lampshade on the reality that the actors playing the lead character don’t want to be saddled with the role
for the entirety of their careers, and it allows an “in-universe” canonical way for the writers and show-runners to allow this change to happen. In fan circles, Matt Smith, the outgoing doctor, was “The Eleventh Doctor” (because he’s the eleventh actor to take on the role) and is going to be replaced, when the series comes on again, with Peter Capaldi, a Scots veteran of several BBC productions.
2005 saw Capaldi’s most famous role, before assuming the mantle of a Time Lord: That of spin doctor Malcolm Tucker in the BBC series “The Thick of It,” a role he inhabited through 2012. In that role, he plays a profoundly profane director of communications for the British Government, charged with public relations, cleaning up political gaffes, and ensuring that any dirt about an opposition party member is aired at the most politically advantageous moment. His role was noted for bringing nuance and complexity to a character described as a rabid political hatchetman who didn’t carry grudges – he had them stuffed and mounted on the wall.
Capaldi has previously appeared in Dr. Who as Caecilius in the episode “The Fires of Pompeii,’ which marked the first appearance of Karen Gillan, who went on to play the Doctor’s companion, Amy Pond. Later, he returned to Dr. Who spinoff Torchwood: Children of Earth as John Frobisher, who had a particularly dark turn, killing his own family rather than letting the 456 aliens use them as a human sacrifice.
In the press event where he was announced has having landed the role, Capaldi admitted to having been a fan of the series ever since he was a small boy. For fans of the long running franchise, this promises to be a very enthusiastic incarnation of the Doctor.
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Michael Gergenti: Paying for Paternity
Model Michael Girgenti, filed paperwork in Los Angeles County Superior Court alleging that he is the father of Kourtney Kardashian’s son, Mason Disick. According to Kardashian’s lawyer, the three-year old boy is the son of
her boyfriend, Scott Disick, who also fathered her daughter, 13-month old Penelope. Girgenti is requesting DNA testing of Kardashian, Disick and the child, and if it is determined Mason is his son, he is demanding joint custody.
According to the lawsuit, Girgenti met Kardashian during a 2009 photo shoot, where they began a texting relationship. Girgenti claims that Kardashian told him that she and Disick were separated. A report in US Weekly states in a bio of Scott Disick that he and Kardashian split up in February 2009 after two years because of rumours he was cheating. The court documents state that in March 2009 Kardashian and Girgenti had unprotected sex, which is nine months prior to the birth of Mason, who was born in December 2009. Kardashian announced her pregnancy in August 2009, claiming that Disick was the father of the baby.
Kardashian Denial
Lawyers for Kardashian claim that Girgenti’s accusations are “preposterous and an outrageous lie.” Kardashian attorney, Tod Wilson, told E! News that Girgenti has been “selling false and fabricated stories to the tabloids for years about Kourtney Kardashian and her son, Mason. “ Wilson also claims that Girgenti has been seeking payment to publish the court pleading, indicating that Girgenti was more interested in payment for reports of his alleged paternity than actually proving that he was Mason’s father. However, the suit filed in court indicates that Girgenti is seriously seeking proof of the child’s paternity.
Girgenti Claims Resemblance
Court documents also claim that Girgenti tried to reach Kardashian after she announced her pregnancy in August 2009, but she did not return his calls. He claimed he began to consider that he was Mason’s father when he saw photos of the child, stating that the boy resembled him more than he did Scott Disick. Girgenti also stated that Mason looks nothing like his younger sister, Penelope, who is Disick’s child. Months prior to filing the lawsuit, Girgenti wrote to Kardashian, requesting a DNA test, claiming that if there was no response, he would pursue legal action to determine Mason’s paternity. In the letter, Girgenti claimed that his intentions were not to “hurt the family you’ve created,” but that “Mason deserves to know the truth.”
A Los Angeles County judge has set a hearing for the case in late August. At the hearing, the judge could dismiss the case or order DNA tests for Girgenti, Kardashian, Disick and the child. In California, unmarried fathers do not have legal rights or responsibilities until legal paternity is established, and naming a father on a birth certificate may not legally establish who a child’s father is. Since Disick and Kardashian were not married at the time of Mason’s birth, Girgenti may have the legal right to demand a DNA test.
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Twitter Weekly Updates for 2010-01-02
- RT @kristinbrianne: You won't believe it… I just entered to win the #KodakSweeps on http://tweetphoto.com/contest Pls RT #
- RT @wilw The single most insulting thing you can tell a creative person is, upon viewing their creation, "you have too much free time." #
- Hmm. I share a birthday with Linus Torvalds. #
- @freefrombroke I'm following you and would love to be followed back. in reply to freefrombroke #
- RT: @SuburbanDollar: New Post: : The Art of Delayed Gratification http://bit.ly/5gsKXy #
- RT @FrugalYankee: #NEWYear's #QUOTE: All the things I really like to do are either immoral, illegal or fattening. ~ Alexander Woollcott #
- Crackberry is certainly accurate. I may be too connected. #
- MIL thinks a Kitchenaid stand mixer will make it easier to remove the snow in the driveway. Bad logic, but she's buying one for us, anyway. #
- What magic is in a saw-palmetto capsule and why does my prostate need the power of 1000 of them? #
- RT: @SuburbanDollar: Sounds like he's asking you to rent him a date. #
- RT @hughdeburgh: "I'd rather die fighting for freedom than live as a slave." ~ Judge Andrew Napolitano #Iran #in2010 #USA #
- Happy New Year, 3 minutes early. #
- Billy Jack vs Chuck Norris. Winner? #
- Getting my hair brushed by an 18 month old while watching Married With Children. It's a good evening. #
- RT @FrugalYankee: #NEWYEARS #QUOTE: The most important political office is that of private citizen. ~ Louis Brandeis #
- RT @ScottATaylor: 40,697 Laws Take Effect Today http://ff.im/-dFXNR #
- 5AM. It'd be so easy to go right back to sleep. #
A Well-Trained Husband
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.