Shelby County Courthouse, Memphis, Tennessee, USA (Photo credit: Wikipedia)
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.
iPad Air” width=”240″ height=”160″ /> iPad Air (Photo credit: Nokton)
With a lighter and thinner chasis, the newly announced iPad Air has a more powerful processor with a great new design and performance features that’s sure to continue Apple’s trend setting reputation. Apple senior vice president Phil Schiller is calling it the biggest leap forward for a full-sized iPad. We expect people have already started packing overnight bags for their long wait on the sidewalks outside the stores.
Apple is promoting its newest innovation as having the power of lightness, hence the addition of the “Air” moniker. That’s because the iPad Air weighs a mere pound and even then doesn’t feel like it. It’s 7.5 millimeters thin and has a design that might remind you of the iPad mini. It’s been engineered with a smaller bezel that shrinks the tablet without losing any screen size. The new dimensions and weight actually makes it easier to hold the tablet in one hand.The device will certainly impress its fans with its incredible power. The new A7 chip has a 64 bit architecture, providing graphics and CPU processing that’s significantly faster than the previous version. Working alongside the A7, the M7 motion co-processor, according to Apple, provides a graphic performance that’s over 70 times faster than the processor in the original iPad model. In fact, in terms of graphics, the Retina Display is likely the most impressive aspect of the new iPad. Graphics promise to render at two times the speed of the last iPad. The pared down bezel makes the screen stand out prominently.The iPad Air is supposed to give a user the chance to do more in more places with an advanced wireless connection. It’s faster than ever in more locations than ever before. The iPad Air brings a WiFi performance twice the speed of the last iPad. It utilizes two antennas instead of one, and MIMO, the latest in communication and smart antenna technology. The WiFi and Cellular model will support more LTE brands, offering greater support and quicker connection anywhere in the world.
With almost a half million apps already available for the iPad, you have a great head start on things to do. Apps built into the iPad Air will include solutions for routine tasks, like web surfing and checking email. A number of previously apps that had to be purchased are now free, such as iMovie, Keynote, iPhoto, GarageBand and Pages. Popular apps for other Apple products, they have all been upgraded to work with iOS 7 and the iPad. Quickly put together an original song or detail a presentation anywhere. As a lot of apps are developed solely for Apple products, these can look stunning on their displays.
The iPad Air’s current launch date is November 1. It will come in black and gray or silver and white. It will start at $499 for a 16 gigabyte WiFi version. This is $100 more than previous generation launches, but supporters say the consumer is getting more screen real estate. The Cellular model will retail for $629. The iPad 2 will continue in the stores for $399.
Rumours swirl around Lamar Odom and Khloe Kardashian that their marriage is in trouble due to the basketball star’s addiction to recreational drugs. The couple has not been spotted together since June, and Kardashian has been photographed recently not wearing her wedding ring. On Sunday, August 25, TMZ reported that Odom had been missing for 72 hours after a dispute with Kardashian that some say was a failed intervention.
Los Angeles Hotel
On Monday, August 26, ESPN reported that Odom’s agent, Jeff Schwartz, claimed that Odom was in a Los Angeles hotel and that friends were attempting to get him help for a drug problem that the agent declined to explain further. The agent also said that Kardashian knew Odom’s whereabouts. Kardashian herself tweeted that she was unhappy with the news reports about her family, but failed to elaborate on whether the reports were true or false. ( http://espn.go.com/nba/story/_/id/9601746/agent-disputes-report-saying-lamar-odom-missing)
History of Drug Probems
In 2001, Odom violated NBA drug policies twice in eight months, apologizing at a press conference after the second offense. Odom claimed he did not have a drug problem and was only guilty of smoking marijuana. Odom often speaks of losing his mother to colon cancer at the age of 12 and his father’s heroin addiction, eventually moving in with his grandmother. In 2006, Odom’s son, Jayden, died of sudden infant death syndrome. In 2011, a cousin who Odom was close to died of gunshot wounds in New York, and just two days after the cousin’s funeral, Odom was involved in a car accident that resulted in the death of a teenager. Odom’s chauffer driven SUV collided with a motorcycle, causing the bike to go out of control and strike a 15-year old pedestrian who died of head injuries the next day. (http://articles.latimes.com/2011/aug/02/sports/la-sp-lamar-odom-accident-20110803). Odom took a 10-day leave of absence from the Dallas Mavericks, claiming his father was ill right after the incident.
Clash over Partying
Odom Shooting (Photo credit: compujeramey)
According to insiders, Odom and Kardashian have often clashed over his partying, but that she had kept his addictions secret from her family. According to many who have known Odom well, when things are difficult for him, he likes to get away and hide, which is what some say he did when he took leave from the Mavericks and just recently when he disappeared for a few days. (http://www.people.com/people/article/0,,20728355,00.html) Insiders are reporting that Kardashian is contemplating divorce, which will be costly for Odom as there is a strong infidelity clause in the couple’s prenuptial agreement, and there are rumors that Odom has been unfaithful.
High Cost of Addiction
Most of the rumors surrounding the Kardashian Odom marriage are related to the fact that two women have come forward claiming affairs with Odom while he was married to Kardashian, and not due to his drug use. However, the fact that there is a strong fidelity clause in the prenuptial agreement indicates that Kardashian may be unwilling to ignore his dalliances. If it is proven that Odom committed adultry and the couple divorces, Kardashian retains the Tarzana mansion the couple share, $500,000 for every year they were married, two vehicles, shopping money and spousal support. However, many reports continue that infidelity is not the problem in the marriage, but Odom’s continued use of drugs. Odom checked into a San Diego rehab in 2012, but left after only three weeks, and insiders claim that Odom’s recent disappearance was related to an intervention, staged by Kardashian, to encourage him to return to rehab.
Regardless of whether the marriage ends due to infidelity or drug use, it appears that addiction may be a costly proposition for Odom due to the clause in his prenuptial agreement.
For those who don’t remember–or are just tuning in–I am doing a 30 Day Project every month this year, sometimes two. For the month of January, I am doing two projects. I am waking up at 5AM every day, and I had planned to read to my kids every night before bed.
Waking up hasn’t been that difficult. I’m tempted to snooze the alarm, but I haven’t done that yet. My routine has been to wake up at 5, watch or read the news until I am fully awake, have breakfast, get ready for work, read all of the websites I follow in Google Reader, then get the kids ready. Until this month, my routine was to get up at 6:30, rush to get ready, rush more to get the kids ready, head out the door. This has been more relaxing and it let’s me start my workday fully awake, which wasn’t happening before. I’m hoping to get some writing time in there and next month, exercise time. The interesting thing is that I haven’t adjusted what time I go to bed by much, so this has actually added 90 minutes to my day.
It’s been interesting. I’m dead tired at 9PM, but I’m surprisingly wide awake by 5:30. It hasn’t been nearly as hard as I had feared. I’m looking forward to spring, when I can greet the sunrise.
Reading hasn’t gone as well. At the beginning of the month, I told the girls I would read to them every night. We started out wonderfully. Then, the real world came in uninvited. I had a meeting at school that ran late. My son’s wrestling season started. Things just kept getting in the way of a bedtime story. The solution? We modified the deal. It’s not a bedtime story any more. I am reading to the girls whenever there is time. I may not be home at bedtime every day, but I am certainly home at other times. We’re making it happen, even if it’s not exactly as planned.
It’s just a demonstration of the old rule: Life is what happens when you’re busy making other plans. A small amount of flexibility has turned a potentially failed goal into happy family time. It’s still a win. How are your resolutions progressing?
