LRN got hacked this morning. Thankfully, I backup weekly and subscribe to my own RSS feed. 20 minutes to total restoration.
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.
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Breaking Bad: The Economics of Meth
In AMC’s “Breaking Bad,” Walter White plays the role of chemistry teacher turned meth producer and drug kingpin. While it certainly makes for good television to think about the profits available to someone willing to trade in illegal drugs, the mountain of money that Walter makes by the end of the series is actually not that unrealistic. Meth has a street value that approaches $30,000 dollars per pound. Not only that, but Walter displays a deceptively keen business acumen, especially for a chemistry teacher. A number of keen decisions allowed Walter White to become as successful as he has.
Production Costs
As any business owner knows, merchandise costs are a major portion of any operating budget. Mr. White keeps his profit margins robust in a number of ways. The first of these is by managing his production costs. When he started out in the business, Walter simply stole the majority of the required chemicals from the high school where he worked. This allowed for the product to be sold at a substantial profit when compared to producers who are required to invest more upfront.
Location, Location, Location
On top of his discounted production, Walter was able to stay ahead of the competition both literally and figuratively by utilizing his RV for production. Typically, meth is produced in a laboratory environment, which requires a building. This adds an additional cost of rent to the typical business profile. Walter, on the other hand, produced out of his RV in the early stages of his business’ growth, further increasing his profit margin.
Distribution
On the production side of the economy, a major consideration is distribution costs. While most of Walter’s competition used pricey, established lines of distribution for their products, he cut out the middle man by distributing his product with his team. This caused major disruptions to his business when his competitors tried to kill him. However, while he was able to accomplish this model, Walter was the beneficiary of increased profits. Then, when he killed his competition, he was able to return to the healthy margin he enjoyed previously.
Advertising
Many new products are launched with a full blown media campaign. This is a costly proposition. Walter, instead, relied on the quality of his product to speak for itself. This competitive advantage reduced the need for an extensive advertising budget. Furthermore, after a period of time, his product became a preferred choice by consumers everywhere. While he was required to distribute a few loss leaders at times, Walter kept the advertising costs down and profited greatly.
So, while it may seem like Walter White was simply a chemistry teacher who got lucky, it’s clear that he actually had a specific plan for his upstart business. By following a few standard economic principles, he was able to increase his margins at the crucial beginning phase of his business, and had established himself as a leader in the market when he chose to expand
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Insane Incentives
Spring is in the air.
At my son’s school, that means it’s time for the Minnesota Comprehensive Assessment tests. These are the standardized tests created by the No Child Left Behind Act that determine if a school is doing its job in educating children. If too many kids have lousy scores, the school gets put on the “Adequate Yearly Progress” list and will eventually get penalized financially.
That creates a perverted incentive in the school system. The main metric for a publicly-funded school’s success in Minnesota is the MCA. If a school can churn out illiterate trench-diggers, they will get increased funding as long as the test scores are good.
For a full two weeks before this test, the school effectively shut down the education program to prepare for the MCA test. That’s two weeks of studying for a set of standardized tests that focus on reading, writing, and arithmetic. I’m a fan of schools prioritizing the three Rs over other subjects, but that’s not what they did.
They spent two weeks studying testing strategies, not the material contained in the test.
In science class, they covered essential scientific elements like “Answer all of the easy questions first, so you can go back and spend time on the hard ones later.”
Spanish class covered verb usage similar to “When the time is almost out on the test, answer ‘C’ for all of the hard questions you have left, que?”
They weren’t being educated, they were learning the most effective way to solve a test to gain funding for next year.
For 2 weeks.
That’s not reading practice, or reviewing the parts of speech, or covering the necessary math skills. It’s “This is a #2 pencil. This is a circle. Practice until lunch.”
Is this really what NCLB was trying to accomplish? Standardized tests to measure school proficiency should be a surprise. Let’s randomly send in test proctors to take over a school for a day and see what the kids have actually learned.
Selling Your Home: The Real Estate Agent
If you are not able or willing to sell your home yourself, you’ll need to find a real estate agent. A realtor is someone who deals with all of the hassles involved in selling your home in exchange for a fee of up to 7% of the selling price.
The hassles include marketing, an objective price analysis, advertising on the internet and in newspapers, providing a yard sign, negotiating the sale price, reviewing and filling out the contracts, and navigating the entire process for you. The aren’t meaningless duties, so make sure you are getting what you pay for. You need to find the right realtor for you.
The key to to ask questions, particularly the right questions. You can ask the wrong ones if you’d like, but they tend not to help much.
Helpful questions include:
- “Can I call your previous clients?” If the answer is no, run away! If the answer is yes, get the list and call them.
- “Have you sold any homes near here recently?” Get the names and numbers of the customers and call them. Find out how it went and what they wish would have happened differently. If the realtor hasn’t sold nearby homes recently, keep looking.
- “Will you put your sales strategy in writing?” If it’s not in writing, you may be left paying the full commission, without getting the full promised service.
- “What will you tell a potential buyer that wants to negotiate?” Make sure you and your realtor are on the same page.
Now for some secrets that realtors will not volunteer.
- The selling fee is negotiable. If you live in a popular development, or if nearby homes have sold quickly, you should be able to get your fee reduced a couple of points.
- You don’t have to sign an exclusive listing agreement. With an exclusive agreement, you will pay the realtor a fee if the house sells. Period. With a non-exclusive agreement, you can list with several agents and only pay the one who actually sells your house. If you find the buyer, you won’t pay a selling commission at all.
Selling your house can be intimidating and realtors are there to make the task easier for you. Have you had any problems with real estate agents?
