- 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 #
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.
Michael Gergenti: Paying for Paternity
Model Michael Girgenti, filed paperwork in Los Angeles County Superior Court alleging that he is the father of Kourtney Kardashian’s son, Mason Disick. According to Kardashian’s lawyer, the three-year old boy is the son of
her boyfriend, Scott Disick, who also fathered her daughter, 13-month old Penelope. Girgenti is requesting DNA testing of Kardashian, Disick and the child, and if it is determined Mason is his son, he is demanding joint custody.
Photo Shoot Meeting
According to the lawsuit, Girgenti met Kardashian during a 2009 photo shoot, where they began a texting relationship. Girgenti claims that Kardashian told him that she and Disick were separated. A report in US Weekly states in a bio of Scott Disick that he and Kardashian split up in February 2009 after two years because of rumours he was cheating. The court documents state that in March 2009 Kardashian and Girgenti had unprotected sex, which is nine months prior to the birth of Mason, who was born in December 2009. Kardashian announced her pregnancy in August 2009, claiming that Disick was the father of the baby.
Kardashian Denial
Lawyers for Kardashian claim that Girgenti’s accusations are “preposterous and an outrageous lie.” Kardashian attorney, Tod Wilson, told E! News that Girgenti has been “selling false and fabricated stories to the tabloids for years about Kourtney Kardashian and her son, Mason. “ Wilson also claims that Girgenti has been seeking payment to publish the court pleading, indicating that Girgenti was more interested in payment for reports of his alleged paternity than actually proving that he was Mason’s father. However, the suit filed in court indicates that Girgenti is seriously seeking proof of the child’s paternity.
Girgenti Claims Resemblance
Court documents also claim that Girgenti tried to reach Kardashian after she announced her pregnancy in August 2009, but she did not return his calls. He claimed he began to consider that he was Mason’s father when he saw photos of the child, stating that the boy resembled him more than he did Scott Disick. Girgenti also stated that Mason looks nothing like his younger sister, Penelope, who is Disick’s child. Months prior to filing the lawsuit, Girgenti wrote to Kardashian, requesting a DNA test, claiming that if there was no response, he would pursue legal action to determine Mason’s paternity. In the letter, Girgenti claimed that his intentions were not to “hurt the family you’ve created,” but that “Mason deserves to know the truth.”
A Los Angeles County judge has set a hearing for the case in late August. At the hearing, the judge could dismiss the case or order DNA tests for Girgenti, Kardashian, Disick and the child. In California, unmarried fathers do not have legal rights or responsibilities until legal paternity is established, and naming a father on a birth certificate may not legally establish who a child’s father is. Since Disick and Kardashian were not married at the time of Mason’s birth, Girgenti may have the legal right to demand a DNA test.
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Twitter Weekly Updates for 2010-01-02
- RT @kristinbrianne: You won't believe it… I just entered to win the #KodakSweeps on http://tweetphoto.com/contest Pls RT #
- RT @wilw The single most insulting thing you can tell a creative person is, upon viewing their creation, "you have too much free time." #
- Hmm. I share a birthday with Linus Torvalds. #
- @freefrombroke I'm following you and would love to be followed back. in reply to freefrombroke #
- RT: @SuburbanDollar: New Post: : The Art of Delayed Gratification http://bit.ly/5gsKXy #
- RT @FrugalYankee: #NEWYear's #QUOTE: All the things I really like to do are either immoral, illegal or fattening. ~ Alexander Woollcott #
- Crackberry is certainly accurate. I may be too connected. #
- MIL thinks a Kitchenaid stand mixer will make it easier to remove the snow in the driveway. Bad logic, but she's buying one for us, anyway. #
- What magic is in a saw-palmetto capsule and why does my prostate need the power of 1000 of them? #
- RT: @SuburbanDollar: Sounds like he's asking you to rent him a date. #
- RT @hughdeburgh: "I'd rather die fighting for freedom than live as a slave." ~ Judge Andrew Napolitano #Iran #in2010 #USA #
- Happy New Year, 3 minutes early. #
- Billy Jack vs Chuck Norris. Winner? #
- Getting my hair brushed by an 18 month old while watching Married With Children. It's a good evening. #
- RT @FrugalYankee: #NEWYEARS #QUOTE: The most important political office is that of private citizen. ~ Louis Brandeis #
- RT @ScottATaylor: 40,697 Laws Take Effect Today http://ff.im/-dFXNR #
- 5AM. It'd be so easy to go right back to sleep. #
A Well-Trained Husband
- Image by Getty Images via @daylife
I am so well-trained.
I was more than a bit wild when I was younger. For the most part, that ended when my son was born. When you procreate, it’s time to put the wild on a shelf and become a reliable provider. That’s just the way it is. Anybody who prioritizes the wild over the progeny needs to be forcibly sterilized and exiled before be sold for parts.
When my mother-in-law got a membership to Sam’s Club, she gave my wife the second card, so we effectively have a membership. For those who don’t know, Sam’s Club is a warehouse store that has some incredibly good deals and a lot of things that look like good deals because you are buying in bulk.
The thing I hate most about warehouse stores is the default accusation of theft when you leave. They require you to line up so the the person by the door can look at your receipt and pretend to count what’s in your cart while they are really scanning for the most-stolen items in the store and ignoring the rest. The only thing they really accomplish is making all of their customer feel like thieves.
I used to bypass the line and the checker and just leave. My wife got sick of the indignant screeches coming from the store as we left. Eventually she got me to stop.
Last night, I went back to pick up supplies for a fund-raiser I’m helping to organize on Sunday. I went with one of the other organizers, who had some personal shopping to do later. We checked out using his account and he paid, while I took the food home to keep until Sunday. Since he’ll be getting reimbursed for the food, he kept the receipt while I headed for the door. Anybody see the problem here?
When the receipt-checker challenged me, I docilely stepped to the side and called my friend to bring the receipt to the door. I hate the feeling of submitting to authority, especially when the authority is pretending to be customer service. I just calmly did what the door-cop told me, just like my wife wanted, even though she wasn’t there.
I hate warehouse stores.
Say Please
This is a guest post/reader story from a good friend of mine.
Greetings,
As a long time reader of Live Real Now, I’ve enjoyed the advice and the step by step, “I’ve been there” advice from Jason. Sadly, until now I haven’t really taken much of it. It was too much work. It was too hard. But the recent “Future Me” post really struck home so I looked for something that should be easy.
What I found was the concept of “Call and Ask”. I took a look at all of my accounts and utilities to decide which ones I was willing to change, drop, or reduce. The two I came up with were Dish Network and CenturyLink DSL.
My plan was simple:
- Look for their introductory offers
- Compare to my current price
- Call
- Ask if existing customers are as important as NEW customers
- Finally, be nice!
I started with CenturyLink since I needed to call them for a new modem in anyway. We’ve been with CenturyLink for years and I’ve been paying $34.99 for slow DSL and using it a couple times a week to work from home. Their new customer promotion is $19.99 for the faster service. I’d love to give you my script but I don’t entirely remember what I said. I believe I asked if they would extend the new customer rate to me and for how long. I know I pointed out that I would be out 3-5 days of internet service so now was the time to start trying to lower my bills. The customer service rep was actually pretty cool about it.
“Let me look at your account. We can offer you that rate for 12 months. After that the rate will be $54.99.”
That seems like a short term win for a long term loss, right?
His followup comment was golden: “Call us back in 12 months and see what specials we can offer you then.” So I went into Google Calendars and set myself a reminder 10.5 months from now.
Net effect: $15/month saved.
Next step: Dish Network.
We’re getting the Family Package which is already pretty inexpensive for Dish. Looking around, the new subscriber price was $5 less.
Same plan.
“Hello, I’m a long term subscriber. I see that you’re offering new subscribers the same package for less. Could you extend that offer to me?”
Same response… “Sure, you can have a $5 discount for 6 months.” Again, I set a Google Calendar reminder, this time for 4.5 months out.
Net effect: $20/month saved.
Can this go farther?
I recently purchased 3 pairs of F.O.M work jeans from Duluth Trading Company. Yes, they’re expensive, but they fit and last a long time. I’m not a small guy. (Ed. Welcome to the club!) Anyway, at the time their sale looked good: $10 off each pair when you order 3 or more. Coincidentally, I was down to a single pair after a deer hunting accident. (Don’t tie your jeans into your boots while field dressing a deer. You’ll stretch and then things get a bit breezy.) With $5 shipping, I saved $35 on that order for jeans I needed anyway.
I thought I’d done pretty well.
Fast forward to today where I see 20% off on everything and free shipping. And they’re still offering the $10 off deal I already used. I called Duluth Trading Company, and explained I was VERY happy with their pants and enjoyed the sale but was wondering if they’d please extend the 20% off sale to my prior order since it was so recent.
$23.70 back in my account.
Easy as pie and a polite: “Thank you for offering us the chance to make you happy with the transaction, sir.”
So, 3 nice phone calls, net effect:
Immediate: $23.70 in my pocket
Short term: $30 savings over the next 6 months
Long Term: $180 Savings over the next year
Total Savings: $233.75 for 15 minutes work
