- RT @bargainr: Life in North Korea is absolutely dreadful http://nyti.ms/dAcL26 #
- RT @bitfs: Weekly Favorites and Gratitude!: My Favorite Posts this Week Jeff at Deliver Away Debt threw together the .. http://bit.ly/9J0gGo #
- @LiveRealNow is giving away a copy of Delivering Happiness(@dhbook). Follow and RT to enter. http://bit.ly/czd31X # #
- Baseless claims, biased assumptions, poor understanding of history. Don't bother. #AnimalSpirits #KeynesianCult #
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- @ericabiz Funny, we found a kitten in a box last week. Unfortunately, it was abandoned there, not playing. Now, we have a 5th cat. in reply to ericabiz #
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.
Nigella Lawson and the High Cost of divorce
Heartache and heartbreak are hard enough to endure but imagine having to go through the loss of a relationship while the world looks on. Such is the high price of celebrity divorce and the latest victim is the beautiful and talented television chef, Nigella Lawson. Shocking photos of Nigella apparently being choked by her husband, Charles Saatchi, surfaced in the media following the June 9th dinner at Scott’s restaurant in Mayfair, London, where the incident occurred. Saatchi’s advisors urged him to humble himself and admit a public apology for the assault. Saatchi denied any wrongdoing, saying he never assaulted her and in fact, was actually removing mucous from his wife’s nose. Nigella was stunned by the admonition of “nose-picking” and his refusal to apologize. She left Saatchi and their family home in Chelsea.
The two sides continued to disagree about the pictures; Saatchi claiming it was just a “playful tiff” and Lawson hurt and humiliated by the public’s assumption of her as victim of domestic violence and her husband as her tormentor. Insult was added to injury on July 7th, when Saatchi announced his intent to divorce his wife in the media instead of directly to her. Lawson, who had been waiting for a public apology, was blind-sided by his cruel divorce announcement. Lawson and Saatchi have been married for 10 years; Saatchi has claimed that the couple had become “estranged” the last few years. Saatchi claims that he had no choice but to act publicly since his wife “failed to defend” him with a statement to the media. In fact, Lawson has remained silent at the advice of her publicist so as not to further affect their children. Lawson (53) and Saatchi (70) have three teenage children from previous marriages that they were raising together.In addition to the “he said, she said” controversy, Lawson and Saatchi will have to fight over $150 million in shared assets, including their $12 million Chelsea, West London home. Both brought substantial assets into the marriage. Charles Saatchi is worth $100 million from the high-profile, highly-successful New York advertising firm, Saatchi and Saatchi. Nigella Lawson is a celebrity chef, bestselling author and television star with a net worth of $15 million. By the time lawyers for both sides duke it out in court and attempt to untangle the shared assets, those net worths will be considerably less.But it’s not just a monetary cost to this celebrity divorce. Saatchi had grown increasingly resentful of his wife’s high-profile career that he helped established. It’s a common theme in celebrity couples; one partner becomes the higher earner or the more recognized celebrity and the other gets bit by that green-eyed monster, jealousy. In Nigella’s case, there is the public humiliation at the hands of someone she loves to endure. It seems that Saatchi is determined to do whatever he can to make her suffer in the media. And then there are the children; children always suffer in a divorce. It can be lessened when parents work together to keep it private and amicable. But it’s incredibly painful to have your lives dragged through the media. In this case, it is Nigella and Saatchi’s children that are paying the ultimate price.
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Charity is Selfish
I try to give 10% of my income to charity. I don’t succeed every year, but I do try.
I don’t give because I’m generous. I give because I’m selfish.
If you give to charity, you are too.
I’m not talking about people who give to charity strictly for the tax deduction, though that is selfish too. I’m referring specifically to the people who give to charity out of the goodness of their hearts.
If I give a thousand dollars worth of clothes to a homeless shelter, I get a warm fuzzy feeling knowing that I helped people stay warm.
If I send $100 to the Red Cross for whatever terrible disaster happened shortly before I made the donation, it makes me feel good to have contributed to saving those lives.
The put-the-inner-city-kids-on-a-horse thing we do? Makes me happy to get those kids into a positive situation.
Donating blood? Yay, me! I’m saving lives!
While it’s nice to help other people, that’s not the ultimate reason I’m doing it. I do it because it makes me feel good about myself to help other people, particularly people who–for whatever reason–can’t help themselves.
That’s the basis of altruism. It’s not about helping others, it’s about feeling good about helping others.
The truly selfish, the evil dogooders, are the ones who want to raise taxes to give it away as “charity”. They get to feel like they are doing something and helping others while not actually contributing themselves and, at the same time, stealing that warm fuzzy feeling from the people who are providing the money to start with.
Evil.
Charity has to be done at a personal, local level or the benefits to the giver are eliminated while the benefits to the receiver are lessened. Bureaucracy doesn’t create efficiency.
For the record, if it’s taken by force, by tax, it isn’t charity. Charity cannot be forced. Forcing charity is, at best, a fraudulent way for petty politicians, bureaucrats, lobbyists, and activists to feel they have power over others.
Again, evil.
Vacation, Shmaycation, Staycation?
Last week was our family vacation. This year, we decided to keep it cheap, since we raided our savings a few months ago to cover my son’s vision therapy.
Here’s what we did:
Friday (Yes, I started vacation on a Friday): My wife worked a half day, then we drove to visit my parents, roughly 120 miles north of our house. $110 for gas, round-trip, and $10 for drive-through lunch. $120 total.
Saturday: We went to the county fair and Dairy Queen. $18 for admission. $30 for ride tickets. $35 for food and ice cream. The ride tickets were totally worth it. My son and I discovered that he can handle the fun rides, which thrills me. $83 total.
Sunday: We had a picnic at the bottom of Inspiration Peak, the third highest point in Minnesota, followed by a hike to the top. That evening, my brother, his wife, my wife, and I tricked my parents into babysitting and escaped for several hours of adult time. After a couple of overpriced drinks at a crap restaurant, we went somewhere nicer and cheaper. A nice dinner, a few drinks, and a round of drunken go-karts later, we spent $90 for the evening.
Monday: Back to the go-kart park for the afternoon, and the return drive home in the evening. The go-kart park included 3 rounds of go-karts, mini-golf, and a round of bumper boats. $40.
Tuesday: A hands-on kids museum, a natural history museum that was hosting a portable planetarium, and a teppenyaki restaurant. We used museum passes for the museums, so this cost a total of $160. By far, the most expensive part was the restaurant. The museums cost a combined $30.
Wednesday: We spent the day at the Monster Mall’s indoor theme park, Nickelodean Universe, where we tested my son’s ability to handle the fun rides for $70. Then we ate at the Rainforest Cafe for $116, and we got my wife’s anniversary present, a family portrait at an “old time” photo studio. We chose a 1920s theme. I must say, I look dashing in a zoot suit. $260 total.
Thursday: My wife had to work on Thursday because she was short of vacation time, so I had the brats to myself. We went to a pick-your-own apple orchard where we picked a large bag of apples, a bottle of real, locally-made maple syrup and 3 cookies-on-a-stick. Afterwards, Brat #1 and I went to a Chinese buffet and the comic book store while the women-folk went to a saddle-club meeting. $60 total.
Friday: We had a fried chicken picnic at the largest playground in the area, and otherwise took it easy. $12.
Saturday: On Saturday, my girls rode in a horse show for the saddle club while my wife put in her volunteer work hours. Registration and the food for the potluck ran $40.
Sunday: I had to teach a gun class, so I made money, instead of spending it. My wife and kids played around the house.
Total, our vacation cost us $865, for 10 days of memories. If we would have skipped the restaurants, it would have cost $465, but we wanted those experiences, too. Our vacation fund has $906 in it, so we did all right.
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.
