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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.
Be Prepared or Be Me
We had some nasty storms roll through over the weekend. There was a lot of tornado-ish activity, 70 mile-an-hour gusts of wind, hail, and an electrical blackout. For almost 24 hours, we were living in the stone age, with nothing but smartphones for internet, and high-lumen flashlights being used to see. With no cartoons for the girls, we were forced to read them bed-time stories, while my son and his friends were forced to use their imaginations to entertain themselves.
Every time we called, the electric company added 12 hours to their estimated repair time. Amazingly, they came in 7 hours ahead of schedule, if you don’t count the first two revisions.
By Saturday afternoon, we were out shopping for things we should have already had ready.
For years, we had discussed buying a generator. For some reason, it never became a priority. We have a large freezer and refrigerator full of food. With no electricity, a generator was suddenly prioritized. All of the places near us were sold out of budget-priced generators when we decided it was better to drop $400 on that than to lose $600 worth of food. We did find one, eventually, but it would have been better to take it out of the garage than have to shop for it when we needed it. Naturally, 10 minutes after we got it home, the power came on. Do yourself a favor: if you own a home and have a small corner available for storage, start shopping for a generator. Pick one up on sale instead of waiting until you have no real choice.
We have a ton of batteries. It’s one of the things we stock up on when they are on sale. Unfortunately, our broadest-beam flashlight takes a 6-volt battery, and we don’t keep a spare. By the end of the night, it was getting pretty yellow and dim. Another night would have killed it completely. This wasn’t a widespread blackout, so there was no shortage of batteries, but it would have been nice to have the spare already at home. Check your emergency supplies and make sure you have replacement batteries that fit everything you need.
The one thing that would have improved the night most is a good lantern. We had our 5, plus two of my son’s friends all trying to play board games by flashlight. A lantern could have been set on the entertainment center and lit most of the room.
For everything we were without due to the blackout, the one thing I truly missed was the air conditioner. When the storm died, so did the wind. Completely. Opening all of the windows didn’t help at all. Other than that, it was nice to have everyone forced to interact. Nobody was whining about being bored and we were all having fun.
I want to schedule a pseudo-blackout more often.
Does Amanda Bynes Need a Conservatorship?
The publicly documented downward spiral of Amanda Bynes may be reaching its breaking point. She has been on psychiatric lockdown for the past three days, and her parents are petitioning for conservatorship in California
on the grounds that they believe she is suffering from acute schizophrenia. They claim that the troubled starlet is unable to make safe decisions regarding her own well-being, not to mention the safety of others. The issue is complex, but the former childhood star has demonstrated that she meets the criteria to have external guardians instated to protect her from unpredictably irrational behaviors.
This development is the latest in a long saga of antics for Bynes, and the recent news report inserts a tragic twist into her somewhat comedic downfall. She had a pristine public persona only a year ago; however, at this time, she was caught publicly smoking marijuana. No one expected this incident to escalate, and it was treated like an innocent youthful infraction; however, the act recently turned criminal when she was reported for smoking in the lobby of her apartment complex.The comedian ran from the arriving police officers, and hurled a large cannabis apparatus out of a skyscraper window. The water-pipe was never found, but it presumably shattered upon impact. Bynes was incarcerated by the New York Police Department. During this time, the actress accused law enforcement of sexual assaulting her in a very lewd manner. Her absurd claims were never substantiated. The case against her is pending, and she has been evicted from her residence.
This was not the first criminal case against Bynes; she is also dealing with hit-and-run allegations in California. It was also not her last interaction with the police. Most recently, the actress doused an elderly woman’s driveway in gasoline and set it ablaze. She accidentally covered a puppy in the flammable liquid, so she ran down the block looking for something to save the animal from catching fire. After ransacking a convenience store, officers accosted her. The exchange resulted in the psychiatric hold that has been placed on Bynes.
Unfortunately, grounds for conservatorship can be exceedingly challenging to meet. Clear proof of mental illness needs to provided, and the standards are rigidly strict; however, if anyone has showcased the fanatical craziness that constitutes a lack of personal responsibility, it is Amanda Bynes.
Her schizophrenia is no longer dormant. The actress has become obsessed with plastic surgery, and she has deformed her face with cheek piercings. She uses online social networks to decry public figures for their ugliness. Victims of this attack include even Barack and Michelle Obama. Furthermore, she makes offensive sexual remarks towards rappers, and she wants to be a hip-hop artist herself. She has spent fortunes on a wig collection, and she employs a different style at every court appearance. The actress even used one as a disguise for an incognito trip to a trampoline emporium.
Anyone that has seen her Nickelodeon program would not be shocked to learn that she was schizophrenic. The role had her switching between dozens of identities for different skits, and she even played a character that was, in effect, obsessively stalking the star herself. “The Amanda Show” was neurotically fast-paced. Ultimately, the entire program can now be viewed as an eerie foreshadowing to the budding of a latent psychological disorder. If the legal standards of insanity are not met, then she will be free to wreak havoc on herself and others.
Jobs I’ve Had
I’ve always worked. From the time I was young, I knew that, if I wanted to feed my G.I. Joe addiction, I needed a way to make money.
So I got a job.
I was the only kid in first grade earning a steady paycheck.
In the years since, I’ve had a dozen or so jobs at 10 different companies. The question has been asked, so this post is my answer: these are all of the jobs I’ve ever held.
- Paper route. Starting at age 6, I split a paper route with my brother. Initially, I made about $6 per month, which was enough for 1 G.I. Joe.
- Farm hand. I spent a couple of summers in junior high and high school doing odd farm jobs outside of my home town.
- Dishwasher. Starting in 9th grade, I gave up a study hall to work in the school cafeteria, serving food and washing dishes. It paid minimum wage for 1 hour per school day.
- Construction. For a couple of summers, I worked for my dad’s construction company. He was easily the hardest boss I’ve ever had, which was great preparation for the rest of my working life. The drunk bar owner who didn’t allow his employees a lunch break and got upset if they sat down on a smoke break was nothing by comparison. Thanks, Dad. Every employer since has been astonished by my work ethic, even when I’m having an off day.
- Dishwasher, take 2. Sixteen years old, thumped by the wisdom of “If you want a car, get a job to pay for it.” So I did. It paid a bit over minimum wage and gave me my first “Who the heck is FICA and why is he robbing me?” moment. I eventually got promoted to cook, which came with better pay, worse hours, and more opportunities to flirt with waitresses. It was grand.
- Palletizer. This is a fancy way of saying I stood at the end of a conveyor belt, picked up the 50 pound bags of powder as they came down the line, and stacked them neatly on a pallet. Rinse and repeat. 1500 times per night. By the time I left this job, I had arms that would make Popeye cry.
- Cook, take 2. I held this job at the same time as the palletizer position. I’d work 8 hours stacking pallets, then head to job #2, 5 miles away. My car was broken at the time, so I rode my bike. In the winter. In Minnesota. I was working 14-16 hour days, lifting a total of 75,000 pounds, biking 10 miles per day. I was in great shape and tough. I wasn’t tough enough, though. I could only maintain this schedule for a couple of months.
- Machine operator. During my stint with this company, I’d put a little piece of metal into a great big machine, push a button, then spend 15-20 minutes listening to the great big machine carve the little piece of metal into something worth selling. This was about when I started shopping for books based primarily on thickness. One night, I read The Stand in my spare time. I’d also pass the night by burning scrap magnesium flakes in the parking lot. What can I say? Twelve hour graveyard shifts with 3 hours of actual work are boring. I left a few months after my son was born, because I was missing too much of my family time. I took a 30% pay-cut, before overtime, to be with my wife and kid.
- Debt collector. I worked my way through college by collecting on defaulted student loans. I firmly believe that we should all live up to our obligations and responsibilities, including paying your bills, so I didn’t have a moral dilemma with the work. There are some bad apples, but I don’t see collectors as pariahs.
- Systems Administrator. After I graduated college, I got promoted and spent the rest of my time there managing the collection and auto-dialer software and the hodge-podge of other applications we needed, some of which, I wrote.
- Software engineer. This is where I am now. I’ve written a medium-scale ecommerce application that handles the online sales for quite a few companies, mostly in the B2B arena. The job also includes a large chunk of training, management, and even sales. I don’t particularly enjoy sales, but a programmer geek who can manage other programmers, coordinate with sales & marketing, and talk to customers during a sales demo is a rare bird.
To recap: I’m 32 and I’ve had 1 month out of the last 26 years that didn’t come with a paycheck. I’ve worked for 10 different companies and I start the job before this one when I was 20.
How many jobs have you had? What was the most memorable, or the oddest?
30 Day Project Update
My first 30 Day Project for the month of February has been to work my way up to doing 100 pushups in a single set. At the end of January, I did a test to find my baseline, my starting point. I could do 20 pushups, but there was no way 21 would happen.
My plan, based purely on the math, was to start from there, doing 5 sets in the morning and 5 more at night, adding a set number to each set every day. That lasted a day.
The problem with starting a new exercise routine at my max level and progressing from there is the pain. Holy wow, that hurt on the second day. I was doing sets of 5, then. Ow.
The new plan has worked much better. It is an aggressive, self-correcting progression that automatically correct for over-extending myself.
I do 5 sets. Each set is based on the maximum set in my previous session. My first set is half of my max. The next 3 sets are 3/4 of my max, and the final set ends when my abs are cramping and I want to cry, establishing my max for the next session. If I over-extended myself in the previous session, this set either shrinks or stays the same. If the final set stagnates for a couple of days, I take a day off to rest. When I come back, the sets improve drastically.
How well has this worked? Last night, at the halfway point for the month, I ended with a set of 75 pushups and noticable muscle growth. Next month, I’m doing situps and I will be using the same plan.
Plan #2 is also coming along well. Details in 2 weeks.
