- 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 #
- RT @zappos: Super exciting! "Delivering Happiness" hit #1 on NY Times Bestseller list! Thanks everyone! Details: http://bit.ly/96vEfF #
- @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.
Twitter Weekly Updates for 2010-07-10
- 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 #
FINCON Friday
When this goes live, I’ll be on the road to the Financial Bloggers Conference outside of Chicago. That translates to a day off here.
Monday, I’ll be back with a whole bucket full of bloggy goodness.
Good Friday
We don’t have daycare on Good Friday.
We do, however, both have to work today. Two rounds of little-girl tonsillitis have zapped our available vacation time.
On an entirely related note, we put our 12 year old son through Red Cross babysitter training a few weeks ago, just for something like this.
My wife gets nervous at the idea of leaving the girls with the boy for very long. I think she thinks the world will explode if he takes care of them correctly.
Our solution for today is to have a slightly older friend come over and help.
She’s 13 and she brought her 10 year old brother with her.
That’s kids aged 3,5,10,12, and 13 in my house today. Total Lord of the Flies.
Hold that thought.
My son, being 12, doesn’t feel it’s necessary to brush his hair for school, or change his clothes every day, and he needs to be reminded to brush his teeth.
This morning, he woke himself up and ran into the bathroom. He emerged with clean teeth and combed hair. I asked him if he was wearing the same shirt as yesterday, and he flew into his room to change.
Hmm. Something is afoot.
While I was putting my shoes on, I reminded him to take care of the house and his sisters, and he made some smart-aleck joke in response.
She giggled.
Watson, I think I’ve found a clue.
Her father told me, just yesterday, the she thinks boys are gross.
The boy has never shown an interest in girls, until this morning.
Grr. The next decade just got considerably more interesting.
Time to lock them both in their respective basements until college.
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.
