- @ChristianPF Is Giving Away An iPad! and more! RT to enter to win or click to find out other ways to enter… http://su.pr/1cqxH5 #
- No, I won't ship my china cabinet to Nigeria. Kthxbye. #craigslistscam #
- @LiveRealNow is giving away a copy of Delivering Happiness(@dhbook). Follow and RT to enter. http://bit.ly/czd31X #
- @LiveRealNow is giving away a copy of Delivering Happiness(@dhbook). Follow and RT to enter. http://bit.ly/czd31X #
- @punchdebt I vote for the Fuzzy Bunny Gang. in reply to punchdebt #
- Packing for 36 hours in Chicago. #
- @LiveRealNow is giving away a copy of Delivering Happiness(@dhbook). Follow and RT to enter. http://bit.ly/czd31X #
- In the airport. It's been a while. #
- RT @pogpog 8 Month Old Deaf Baby’s Reaction To Cochlear Implant Being Activated – Pogpog http://bit.ly/cL4XEr #
- @LiveRealNow is giving away a copy of Delivering Happiness(@dhbook). Follow and RT to enter. http://bit.ly/czd31X #
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.
Yakezie Challenge – I’m In
After watching the Yakezie Challenge progress for 6 months and reading the recap, I’ve decided to participate. Maybe I’m a jerk for waiting until I saw the value instead of immediately jumping in, but I hope not.
The goal for stage 1 was to get to Alexa rank 200,000. I’m currently at 533,108. Six months ago, I was at about 1.8 million, so I’ve improved quite a bit on my own, but I’ve still got a ways to go.
So, here I am.
Stealing Motivation
We go a bit overboard on Halloween.
Maybe more than a bit. The yard in the video is mine. As I write this, I’ve got 40 tombstones, more than 200 skulls, and half a dozen life-size props in my yard. The coffin leaning against the tree was bought used on the secondhand coffin market.
I have a motion-activated monster whose eyes light up as his head turns to watch you as you walk past. He just happens to be the exact size in all dimensions as my son was 4 years ago.
A few years ago, I built a beautiful zombie who–not so coincidentally–had the exact height and proportions as my wife.
Last year, a few days before Halloween, somebody came into my yard and stole my bride. They also tried stealing the small coffin, but only managed to get away with the lid, leaving the coffin itself behind.
I hate thieves.
This year, I was at the Financial Bloggers Conference the weekend I traditionally set up for Halloween, so I was getting a late start.
Every time I’ve tried to get out and set up my yard, I just keep thinking about the irreplaceable pieces that were stolen. Do you have any idea how hard it is to find a child-sized coffin lid dating back to 1863? Or how impossible it is to get the 100 hours of my life I put into my zombie?
I think about how hurt I would be if somebody stole my son-sized animatronic ghoul or the demon who shares my measurements, but is two feet shorter. I’ve spent hundreds of hours per year, over 10 years building my yard full of one-of-a-kind props, and someone felt it was acceptable to tear down a section of my skull fence, come into my yard, and steal a little piece of my life.
Motivation has been difficult this year.
Last night, while I was out arranging my much-reduced yard haunt, a neighbor came by to let me know that he was disappointed with the smaller production. He wasn’t upset, but he–like the entire neighborhood–love watching the gore grow in my yard while anticipating the evening full of screams as the kids wander through every Halloween.
I can’t do it.
The thieving punks stole not just two of my favorite props, but a huge piece of my desire to scare the neighborhood kids.
Maybe I just need a year off, so I can come back with better ideas and a security plan more detailed than “my neighbors love this, none of them would steal anything!”
I would love to find the thieves. Post-beating, I’d explain how stealing from anyone is stealing a small and irreplaceable part of their lives. Stealing their handcrafted treasure is ripping out a piece of their soul. Stealing their motivation is stealing the memories for every visitor who would ever benefit from their craft, if the motivation is dead enough to kill the production.
I hope I’m not to that point, yet, but I can’t promise anything. Maybe next year.
Future Me Returns
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?
What to Take Away From John Cleese’s Divorce
If you haven’t been kept under a rock your whole life, you’re likely familiar with actor and comedian John Cleese. Part of the infamous Monty Python crew, he starred in films such as Monty Python’s Quest for the Holy Grail, and television shows such as Faulty Towers. However, are you familiar with what has happened to Mr. Cleese financially over the past few years?
When Cleese divorced his third wife she ended up with a divorce settlement that quite literally made her richer than him, despite the fact that they were married for only 16 years and had produced no children.
Divorce is, unfortunately, a fixture of modern society, and people of both sexes need to know how they can protect their personal finances in case of a divorce. After all, these days more than 50% of marriages end in divorce, so not preparing yourself financially for it is engaging is some rather wishful thinking. So how best to protect yourself and your personal finances, should you be unfortunate enough to have to go through one?
If you are the higher-earning party, get a pre-nup prior to marriage; this simply cannot be overemphasized. Cleese himself, already married to wife number four, incidentally, was told that he should have her sign a prenuptial agreement, he initially didn’t want to, despite having just been taken to the proverbial cleaners. He only reluctantly had one written up when his legal team essentially insisted. Even though prenups can be challenged or modified in court, if you are the party bringing more assets to the relationship, it is irresponsible of you not to solicit a prenuptial agreement from a potential spouse.
Another thing to keep in mind is that you should protect assets you have in joint accounts with your spouse, and also begin to actively monitor your credit, if things become acrimonious between you two. This way, you will prevent them from absconding with the totality of your shared funds, or ruining your credit if they are feeling malicious. If you need further information on how to do this properly, speak with a qualified financial planner.
So if you find yourself considering marriage and either have significant assets to protect or suspect you might have them in the future, you owe it to yourself to look into the legalities surrounding prenuptial agreements, and other thorny issues related to personal finance. Failure to do so can end up seriously impacting your life in a negative way, should you ever be faced with a vindictive or greedy spouse; protect yourself!
