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Do not reinvent the wheel
Others have walked a mile (or more) in your shoes.
In 1977 I joined Bell Laboratories in North Andover, Massachusetts and first laid hands on a Unix system. Long before, I had heard of Unix, but even though I had worked on many operating systems, I had never actually seen Unix.
I interviewed at Bell Labs to become a "systems administrator." Beatrice ("B") Fink, who was to be my supervisor, wanted me to be the systems administrator of a CDC Cyber system. As fascinating as that system was, I wanted to be a Unix systems administrator. "The Labs" had developed Unix, and I knew I could find out anything about it by looking at the source code. Besides, Unix ran on PDP-11s and VAX systems from Digital Equipment Corporation (DEC) and had mostly been developed on DEC equipment, and I liked DEC's gear. At the time, I knew nothing about CDC equipment and did not see much of a future in learning about the Cyber.
"B" was smart enough to know that it was a losing battle to try and place me with the Cyber, and a couple of days later I was hired to administer the Lab's two Unix systems. Until that time I had worked on operating systems that had, perhaps, two or three levels of directory structure. Programs were typically put in "catalogs," and the "command interpreters" – if they had them – were nowhere near the sophistication of Unix.
I found myself trying to understand and memorize where to put executable files (/bin, /usr/bin, /home/maddog/bin?), libraries, and other files. I tried to remember the (seemingly) unending number of tiny programs that did so many things.
Fortunately, I had a couple of mentors: Bob Wessling and Tom Merrick, engineers who had been "drafted" into being systems administrators for the Unix systems. They patiently took me along the path of Unix until I began to get my feet under me. For this reason, even many years later, I have sympathy and patience for "newbies" who show desire and effort to learn.
One night I was by myself with the system. By this time I had learned enough shell scripting to be dangerous, and I was trying to take a file and remove a few columns of it to use as shell script arguments. A long time later, I was still not getting anywhere.
Then I thought that although I did not know whether a command in Unix could do what I needed, I was willing to bet there was. So instead of continuing my fruitless experimentation, I looked through Section 1 of the Unix manual devoted to user-level commands. There, not more than one tenth of the way through, was the command cut(1), which did exactly what I needed to do and allowed me to finish my shell script in just a few moments.
After that episode, I purposely used a day each quarter to read over the first few sections of the manual, reminding myself of the commands, libraries, and system calls so I would know what functionality was available to me.
Fast forward 32 years to a conversation with a friend. We were talking about a graphics library and the toolkit that came with that environment. A friend of his who did heavy programming with the toolkit would often bemoan not having the needed functionality, only to see that it was planned for the next release or even already there – he just did not know about it. The functionality had appeared because someone else had the same needs he did and so wrote the code; this was the same as I had experienced in 1977.
On SourceForge you have more than 230,000 software projects with more than 2,000,000 registered users. As Free Software continues to grow, these people add functionality, free for the use and re-use of others.
The next time you are stuck with a problem, perhaps the first thing you should do is take the time to see whether the solution already exists: You might find a secret colleague who has traveled that path before you.
Read full article as PDF:
093-093_maddog.pdf (127.22 kB)Tag Cloud
New Mint Minted
Version 16 of the popular Linux desktop reveals new tools, edge-snapping, and performance improvements.
New Worm Attacks Linux Devices
Symantec says Linux-Darlioz burrows in through PHP.
Project Sputnik Gets a Boost
Dell renews its quest for the ultimate developer machine.
Sneaky New Linux Attack Discovered in the Wild
Innovative back door looks like normal SSH traffic.
CeBIT Call for Papers
One of CeBITs most successful forums opens the new year with a new name. The popular Open Source Forum continues in 2014 under the name Special Conference: Open Source. This year, the forum will be bigger and offer a wider range of possibilities for sponsors.
Linus Announces Linux Kernel 3.12
New release offers better graphics drivers and expands filesystem support.
Dark Alliance Reinvents Email Security
New mail protocol will shut out the NSA and prevent snooping on metadata.
DDos Attack Map Charts Denial of Service
A new web application helps users visualize distributed denial-of-service attacks.
Saucy Salamander Gets Legs
Ubuntu 13.10 takes a step toward convergence, with lots of mobility, but Mir only partly here.
Intel and Arduino Create Pi-Like System
Galileo board is targeted to embedded developers and educational institutions.

subset: commoncrawl


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People with basal cell or squamous cell carcinoma may experience the following symptoms. Sometimes, people with non-melanoma skin cancer do not show any of these symptoms or signs. Or, these symptoms may be caused by a medical condition that is not cancer. The skin features that people with basal cell or squamous cell carcinoma frequently develop are listed below. If you are concerned about a symptom or skin feature, please talk with your doctor.
Changes in the skin are the main warning sign for skin cancer. Each type of skin cancer can appear differently, so it is important to talk with your doctor when you notice a change in your skin.
For basal cell cancer, two or more of the following features may be present:
- An open sore that bleeds, oozes, or crusts and remains open for several weeks
- A reddish, raised patch or irritated area that may crust or itch, but rarely hurts
- A shiny pink, red, pearly white, or translucent bump
- A pink growth with an elevated border and crusted central indentation
- A scar-like, white, yellow, or waxy area, often with a poorly defined border
Squamous cell cancer can often crust, bleed, and appear as:
- A wart-like growth
- A persistent, scaly red patch with irregular borders that may bleed easily
- An open sore that persists for weeks
- An elevated growth with a rough surface and a central depression
Your doctor will ask you questions about the symptoms you are experiencing to help find out the cause of the problem, called a diagnosis. This may include how long you've been experiencing the symptom(s) and how often.
If cancer is diagnosed, relieving symptoms and side effects remains an important part of cancer care and treatment. This may also be called symptom management, palliative care, or supportive care. Be sure to talk with your health care team about symptoms you experience, including any new symptoms or a change in symptoms.
Early detection: Finding skin cancer early
Earlier detection and recognition of skin cancer is the key to improving the chance for successful treatment. Recognizing early warning signs of skin cancer and doing regular self-examinations of your skin will help find skin cancer early when the disease is highly curable.
Examinations should be performed in front of a full-length mirror in a brightly lit room. It helps to have another person check the scalp and back of the neck. In people with fair skin, non-melanoma skin cancer most often begins on skin that has frequently been exposed to the sun. However, in people with darker skin, squamous cell carcinoma occurs primarily in areas infrequently exposed to the sun, such as the lower legs.
Include the following steps in a skin self-examination:
- Examine the front and back of the entire body in a mirror, then the right and left sides, with arms raised.
- Bend the elbows and look carefully at the outer and inner forearms, upper arms (especially the hard-to-see back portion), and hands.
- Look at the front, sides, and back of the legs and feet, including the soles and the spaces between the toes.
- Part the hair to lift it and examine the back of the neck and scalp with a hand mirror.
- Check the back, genital area, and buttocks with a hand mirror.
Talk with your doctor if you find any of the following:
- A growth on the skin that matches any symptom listed above
- New growth on the skin
- A suspicious change in an existing mole or spot
- A sore that doesn't heal within two weeks


text:
Since 1988 more than 40 articles have been published in this product testing and education series on boating safety equipment and issues. Tests provide practical information to educate boaters and to help with purchase decisions.
To order copies of older articles click here to e-mail us. Past articles are listed below, please specify the date and title of each article you wish to recieve. Don't forget to include you name and mailing address. Please allow 2 weeks processing time.
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EMS Men's CloudSplitter Hoodie
Item: 18583396 Product Description >
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BACKGROUND: As portable digital music players -- iPods and other MP3 players -- become more and more popular, people are becoming concerned about whether they are dangerous to our hearing. Now hearing researchers have measured specific sound levels in a variety of players using several different types of earphones. They used this information to develop the first detailed guidelines with safe volume levels for listening to the iPod with earphones. They also evaluated the output levels of several other popular players to determine any risks to hearing from using these devices.
ABOUT HEARING LOSS: Loud sounds stress and could damage the delicate hair cells in the inner ear that convert mechanical vibrations in the air (sound) into the electrical signals that the brain interprets as sound. If exposed to loud noises for a long time, the hair cells can become permanently damaged and no longer work, producing hearing loss. Noise-induced hearing loss can be caused by two types of noise: sudden bursts, such as firearms or fireworks; or continuous exposure to loud noise, such as motorized recreational vehicles, loud sporting events, power tools, farming equipment, or amplified music. For a person to lose their hearing because of continuous exposure, it would depend on how loud the sound was and how often and for how long they heard it. It takes repeated exposures over many years to cause a noise-induced hearing loss in both children and adults.
WHAT THEY FOUND: The researchers conducted a study observing the listening habits of 100 graduate students listening to iPods through earphones. They found that all the players had very similar sound output levels. Also, in-ear earphones, which broadcast sound directly into the ears, are no more dangerous than headphones placed over the ears. However, if the user listens to music in noisy surroundings, they are much more likely to raise the volume to risky levels, suggesting that people should seek quieter listening areas when possible, and use earphones that block out background noise.
RECOMMENDED LEVELS: The more often and the louder you player your player, the more likely you'll experience some hearing loss. To come up with recommended listening times and sound levels, the researchers compared the players' volume levels to the minimum sound level for the risk of hearing damage: 85 dBA. Typically, a person can tolerate about two hours of 91 dBA per day before risking hearing loss. The researchers recommend listening to iPods for -- hours a day with earphones if the volume is at 80% of maximum levels. Listening at full volume is not recommended for more than 5 minutes per day using the earphones that come with the player.
The Acoustical Society of America contributed to the information contained in the TV portion of this report.
ON THE WEB: http://www.hearingconservation.org http://www.dangerousdecibels.org http://www.newswise.com/articles/view/524384


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Yeah but there's other guys averaging 45 as well. Again, it's only what I hear.
Yeah but there's other guys averaging 45 as well. Again, it's only what I hear.
Wow PJ plays some dumb shots sometimes.
+ time's fickle card game ~ with you and i +
get ready for a broken ****in' arm
Astle is just too slow. Batsmen have plenty of time to adjust to the spin, even on the rare occasions when he gets it in the right areas. He needs to be 5-10 k's quicker.
Faaar, 70kph. No danger of him doing the Nethula dart throwing act.
Exit pursued by a bear
Can a leg spinner be effective bowling between 70-79k's constantly? You wouldn't think so.
Northern DistrictsProudly supporting KS Williamson, TG Southee, TA Boult, DR Flynn, BJ Watling, CJ Anderson and IS Sodhi
Is Martin not playing because he's rested, retired or dropped?
Southee starring though.
wasn't Warne in the 80s?
a lot of bowlers have a natural speed that works fine for them. Astle is nearing the loopy lolly end though.
Last edited by Flem274*; 27-11-2012 at 02:14 AM.
Proudly supporting Central Districts
The Culture of Mediocrity is forever, and is proudly brought to you by New Zealand Cricket in association with Grant Bradburn Sports and the Unholy Alliance
RIP Craig Walsh
Stock ball rarely went to the mid 80s. Was late 70s-early 80s generally.
Now that was interesting.
There are currently 1 users browsing this thread. (0 members and 1 guests)


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I am writing this letter to reflect on the changes here in Macon County. I am a lifelong resident who was born here and lived here since 1953. I don't know if the changes were for the good or bad.
I was heartbroken to see Iotla School torn down. I went 8 years there and graduated. Also the changing of Hwy 28 which I have driven on for 42 years.


text:
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Beyond croaking, "Nevermore," what exactly do ravens do all day? Bernd Heinrich, biology professor at the University of Vermont and author of Ravens in Winter, has spent more than a decade learning ... > read more -
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Wangari Muta Maathai was born in Nyeri, Kenya in 1940. In 1960, she won a Kennedy scholarship to study in America and earned a master's degree in biology from the University of Pittsburgh and became ... > read more -
The Mind in the Cave: Consciousness and the Origins of Art
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U.S. Geological Survey
Climate and Land Use Change
Core Science Systems
Energy and Minerals
Environmental Health
Natural Hazards
Science Quality and Integrity are the bedrock of our science.
Did You Feel It?
M 6.4, Kepulauan Barat Daya, Indonesia Sunday, December 01, 2013 01:24:13 UTC
WaterWatch - Current Streamflow Conditions
Landslide monitoring
Current Volcano Alerts
Landsat (EarthNow!)
USGS Emergency Management
Get ready to fall in love as the fall season approaches.
February 28th at 7 p.m. (PST) Public Lecture information: http://online.wr.usgs.gov/calendar
January 24th at 7 p.m. (PST) Public Lecture information: http://online.wr.usgs.gov/calendar
Imperiled Mussels May be Further Harmed by Climate Change(Released: Tue, 3 Dec 2013 11:15:00 EDT)
USGS Estimates 6.9 Trillion Cubic Feet of Gas in the Alum Shale of Denmark(Released: Tue, 3 Dec 2013 10:31:09 EDT)
Landsat Users Confirm Its Unique Value(Released: Mon, 2 Dec 2013 12:43:48 EDT)
Common and distinguishing features of the bacterial and fungal communities in biological soil crusts and shrub root zone soils(Released: Wed, 4 Dec 2013 13:06 -0600)
Integrated carbon budget models for the Everglades terrestrial-coastal-oceanic gradient: Current status and needs for inter-site comparisons(Released: Tue, 3 Dec 2013 15:54 -0600)
Bathymetric terrain model of the Atlantic Margin for marine geological investigations(Released: Tue, 3 Dec 2013 14:03 -0600)
Latest Photo or Image Hovercraft on the Kennebec River
Latest Video or Animation Precip, Base/Stormflows in New England--Streamflows in Maine
Latest Audio or PodcastShakeOut Podcast 2013
- More images, video, and audio
ShakeOut Podcast 2013 Host: Ethan Alpern (10/9/2013 | Length: 8:03)
Watch video, get transcripts and links
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Map Locator & Downloader Find, Order, or Download FREE Topographic Maps!
Buy recreation passes.
View all USGS science topics or see more topics at Science.gov.
See also: Coastal/Offshore | International
What is the U.S. Geological Survey's responsibility related to mining and the environment?
What cell sizes are used to represent the shaded relief?
What was the biggest dinosaur? What was the smallest?


text:
OK so for the end of Bootcamp we had an open invite to photographers and models to come out to the salt flats and do pictures.
Someone had a cool car and so we took some picutres.
I held true to the believe that you don't need to be right next to the cool things in your picture. So I had her stand apart from the car.
I lit her up with a light and the car as well with another light.
Turns out it's hard to get a black car lit up nice at night.
These are pictures taken from the event mainly from interns. A couple of them are mine but mainly their just edited by me.
I'll let the interns talk about what they did in later posts.
See the rest of the pictures here.


text:
Published December 27, 2012, 11:14 AM
Girls Basketball Roundup-Esko defends Coaches Classic
All the fourth-ranked Eskomos (9-1) have done lately is win. The hosts recently captured their third consecutive Esko Coaches Classic title by toppling Class A's top-rated Maranatha Christian Academy 68-42 last Friday and North Woods 59-48 Saturday in the championship game. Since dropping their season opener to No. 1 unbeaten Hopkins, the Eskomos haven't lost, winning nine straight.By: Tyler Korby, Pine Journal


text:
'Tis the season for bargain hunting, which means that Lou Agnese, general counsel and corporate secretary for WhaleShark Media Inc., is in high gear. Also in this issue, "KPMG Study Examines How General Counsel Can Add Value," "Ten Phrases Lawyers Hear That Portend Disaste," "Jury Waivers Are Alternatives to Arbitration Agreement," "Whose Data Is It, Anyway? BYOD Policies at Work" and "Social Media Savvy for General Counsel."
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In-House Texas: December 2012
Texas Lawyer
December 3, 2012
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Stay in the know with BCR Alerts
WYANET — The Bureau County Republican's instant messaging service — BCR Alerts — has another new fan.
On Monday, the village of Wyanet signed up with the service to provide information to village residents. BCR Alerts provides breaking news updates and other area information as either a text or email message to subscribers.
Two days later, there was a water main break in Wyanet.
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COLLOQUY.com is your professional resource for loyalty intelligence.
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Find A Physician
When you choose a physician affiliated with Hurley Medical Center, you can be assured you are getting the skill and technology of the region's most comprehensive panel of physicians and most experienced medical center.
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Formed to Fly by Dr. David Menton |
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Unlike the dinosaurs, from which birds are said to have evolved, birds are truly "formed to fly." With the aid of a scanning electron microscope, Dr. Menton examines the feathers of birds and compares them to reptile scales. Contrary to the claims of evolutionists, feathers are profoundly different from scales in every respect. It is biological nonsense to claim that one evolved from the other by chance. David Menton earned a Ph.D. in cell biology from Brown University. He served as a biomedical research technician at Mayo Clinic and then as an associate professor of anatomy at Washington University School of Medicine (St. Louis). For almost two decades he has been profiled in American Men and Women of Science—A Biographical Directory of Today's Leaders in Physical, Biological and Related Sciences. |
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Celebrating the Sabbath: Finding Rest in a Restless World
Book by Rev. Bruce Ray
The Sabbath. Just another day? Or a special gift from God…a gift worth "keeping," as he commands? This positive look at the Sabbath explains why and how to delight in that day as the opportunity reserved by God for his … Learn More
John Calvin: A Heart for Devotion, Doctrine, and Doxology
Book by Burk Parsons
In celebration of the five hundredth anniversary of John Calvin's birth (2009), Burk Parsons, editor of Tabletalk magazine and associate minister at St. Andrew's in Sanford, Fla., has brought together an impressive group of pastors and scholars to reconsider Calvin's life and … Learn More
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Humility: True Greatness
Book by Pastor C.J. Mahaney
God clearly states that He is drawn to the humble. He's also clear that He opposes the proud. These two, humility and pride, cannot coexist. Where one is fostered, the other is defeated. Which will you pursue? C.J. Mahaney paints … Learn More
Book by Martin Luther
The wisdom of the ages can still be read through the Crossway Classic Commentaries, which present the very best all-time commentaries on individual books of the Bible. Each volume has been abridged and stylistically adapted for today's readers, but also … Learn More
Reason to Believe
Book by Dr. R.C. Sproul
In Reason to Believe, R.C. Sproul answers the most common questions and objections raised by skeptics to the truths of the Christian faith. Using compelling logic, he addresses such questions as: Does the Bible contradict itself? Has science disproved the … Learn More
Can I Trust the Bible?
Book by Dr. R.C. Sproul
There is a common assumption that the Bible is "full" of errors and contradictions, and that its often-unusual people and events render it useless for today. These ideas are fueled by the teachings of scholarly critics, who seem to delight … Learn More
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Genesis Debate: Three Views on the Days of Creation
Book by David Hagopian
J. Ligon Duncan and David W. Hall defend the 24-hour view. Hugh Ross and Gleason L. Archer support the "day-age" view. And Lee Irons and Meredith G. Kline argue for the "framework" view. This is a book you will want … Learn More
The Seven Wonders of the World
Book by Dr. Iain Campbell
The drama of redemption is rooted in the God who acted, and who continues to act in human history that his glory might be displayed and enjoyed by us. This book focuses on seven pivotal points of salvation's history — … Learn More
A Case for Amillennialism: Understanding the End Times
Book by Dr. Kim Riddlebarger
Amillennialism, dispensational premillennialism, historic premillennialism, postmillennialism, preterism. These are difficult words to pronounce and even harder concepts to understand. A Case for Amillennialism presents an accessible look at the crucial theological question of the millennium in the context of contemporary evangelicalism. This … Learn More
God's Undertaker: Has Science Buried God?
Book by John Lennox
Some commentators claim that science has finally killed the concept of God by virtue of its own all-encompassing explanations of reality. Atheism, they say, is the only intellectually tenable position, and any attempt to reintroduce God is likely to impede … Learn More
The Sermon on the Mount
Book by Dr. Dan Doriani
This $5 Friday special provided by P&R Publishing. This book is an exposition of the Sermon on the Mount that assists the reader in understanding and living out the demands of the Christian life as Jesus presents them in Matthew … Learn More
A Better Way: Rediscovering the Drama of Christ-Centered Worship
Book by Dr. Michael Horton
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The Gospel According to Jesus
Book by Dr. John MacArthur
The first edition of The Gospel According to Jesus won wide acclaim in confronting the "easy-believism" that has characterized some aspects of evangelical Christianity. Over the past 50 years, a handful of books have become true classics, revered world-wide for … Learn More


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Employers can require their workers to sign arbitration agreements waiving all rights to class-action lawsuits over workplace grievances, a federal appeals court ruled Tuesday. The ruling from the 5th U.S. Circuit Court of Appeals overturns a National Labor Relations Board decision last year that found such agreements conflicted with federal law giving workers the right to pursue collective action to complain about workplace conditions. The court's ruling is a win for businesses that want to limit legal exposure from the rising cost of class-action lawsuits over unpaid overtime and other wage violations. But it's a blow to workers who find it easier to band together when challenging the policies at a large company. read
A long-running battle over whether the top U.S. securities regulator should release records about its supervision of Wall Street's arbitration process is about to go another round, this time with input from a vocal consumer advocate. For nearly four years, a group of lawyers has been pushing the U.S. Securities and Exchange Commission to release documents about its oversight over how the Financial Industry Regulatory Authority selects arbitrators who hear legal disputes between brokerages and investors. FINRA, the Wall Street industry-funded watchdog, runs the arbitration forum where investors and brokerages must resolve their legal disputes. The Public Investors Arbitration Bar Association (PIABA), a lawyers' group pushing for the release, has now enlisted lawyers of its own. The litigation arm of Public Citizen, a consumer rights group in Washington, filed a brief on PIABA's behalf in a federal appeals court last week to overturn a U.S. district court's earlier decision to keep the records a secret. read
Steinbrenner High School seniors Katya Brioni and Erica Maurino are part of a group of students trying to make a difference. According to them, they have no choice but to deal with uncomfortable realities of life, and sometimes get in the faces fellow students – but it's all worth it. They are part of the Steinbrenner Peacemakers, a peer mediation group that deals with almost every issue that makes their fellow students uncomfortable, especially when it comes to bullying. read
Afghan police have recorded more reports of violence against women under a recently enacted law, but prosecutions remain low, a U.N. report says. "The landmark law on the Elimination of Violence Against Women was a huge achievement for all Afghans," U.N. High Commissioner for Human Rights Navi Pillay said in a release. "But implementation has been slow and uneven, with police still reluctant to enforce the legal prohibition against violence and harmful practices." read
In the field of Alternative Dispute Resolution, mediators, among other things, help people in dispute come to a mutually acceptable resolution about issues they do not agree on. Each party typically holds a disparate perspective from the other on what constitutes an appropriate settlement. By the time they get to talk it out in the mediation process to see if they can resolve matters, they have often become entrenched in their positions and the relationship is suffering. read
Professor S.I. Strong, Associate Professor at the University of Missouri School of Law (and a friend of this blog) has published "Beyond International Commercial Arbitration? the Promise of International Commercial Mediation," 42 Washington University Journal of Law and Policy, 2014, Forthcoming; University of Missouri School of Law Legal Studies Research Paper No. 2013-21. In her article, Professor Strong examines the role of mediation in international business disputes. read
There comes a time in many class actions when the parties agree to mediate. Like class litigation, the mediation of class actions, whether pre-certification or post-certification, is more complicated than the mediation of individual cases. Here are a few tips for making the most of the experience. read
To the two pessimistic sides in ongoing peace talks, John Kerry quoted Nelson Mandela, who said of challenges: "It always seems impossible until it is done." U.S. Secretary of State John Kerry closed another Middle East troubleshooting mission on Friday by urging Israel and the Palestinians to follow Nelson Mandela's lead and make peace. The death on Thursday of Mandela, who fought apartheid in South Africa and became its first black president, was mourned across the globe, including by Israelis and Palestinians — the latter calling him an inspiration for their statehood struggle. Kerry wants to coax the two sides towards a negotiated accord, and set a nine-month deadline when talks were launched in July. But both sides have indicated they are pessimistic about the outcome. Before departing from Tel Aviv after a two-day visit to Israel and the Palestinian territories, Kerry quoted Mandela as having said, in the face of challenges, that "it always seems impossible until it is done." read
Arbitrators in disputes between investors and brokers will get more pay for their work, the brokerage industry's self-regulator decided Thursday, people familiar with the matter said. Lawyers and arbitrators hope the pay rise, the first in 14 years, will attract more--and more skilled--arbitrators. The Financial Industry Regulatory Authority Inc., which oversees the arbitration process, approved an increase in compensation for hearing arbitrators. Finra's board agreed to raise pay by 50%, to $300 for half-day dispute hearings and $600 for full-day sessions, according to people familiar with the matter. The chairperson of an arbitration panel is to receive an extra $125, an increase of 67%, these people said. The pay increases are "long overdue," Philip Aidikoff of Aidikoff, Uhl & Bakhtiari, a Beverly Hills, Calif., law firm that represents mainly investors who seek compensation from brokers for investment losses. "It's an acknowledgment that the arbitrators, for the most part, do a very good job and take it very seriously." read
TRI-CITIES MICHIGAN — As much as people hope to avoid it, conflict exists in life. Whether it's the board room, the bedroom, the classroom or at City Hall, conflict crops up with the potential to destroy. There's also the potential for growth, and for understanding. That's the goal of The Resolution Center, a conflict resolution clearinghouse which now serves the Thumb. TRC is one of 18 community mediation centers located throughout the state, and has been in existence since 1993. The non-profit center is funded by a state grant from the Michigan Supreme Court, civil matter filing fees and a variety of foundations and fundraisers. TRC's expanded coverage area includes Macomb, St. Clair, Lapeer, Sanilac, Huron and Tuscola counties. TRC provides non-adversarial mediation to businesses, individuals, neighbors, families and more. Persons can choose the process on their own; some may be referred by or ordered through the court system. read
A mediation session at a Tennessee lawyer's office Wednesday "apparently didn't go well," a Manchester police investigator says. As Dr. Henry Bartee and his estranged wife, Brenda Bartee, both 47, were being walked by an attorney to the door of Rogers, Duncan and North at about 1 p.m., Brenda Bartee pulled a handgun out of her waistband and fired seven rounds, Butch Stewart told the Chattanooga Times-Free Press. Four rounds struck her husband, who was airlifted to a Chattanooga hospital. Brenda Bartee was charged with attempted first-degree murder and is being held at the Coffee County Jail in lieu of $1 million bond, the newspaper reports. She admitted the shooting, Stewart says, and told police her husband had "been picking on her." read
Council of Europe's secretary general calls on Ukrainian authorities to launch independent inquiry into police violence. A European mediator flew into Kiev to meet with the Ukrainian government and opposition on Wednesday, but there was no sign of an end to the standoff that has paralysed the centre of the city and the work of the government for days. read
Law Ministry considers moves that anticipate expected rise in cross border commercial disputes. The Republic is poised to become a more attractive venue for international commercial dispute resolution and mediation, with two recommendations made public by the Law Ministry this morning (Dec 3). The Singapore International Commercial Court (SICC) Committee has recommended that the SICC be established as a division of the High Court, with a panel of judges which would include foreign jurists. Meanwhile, the International Commercial Mediation Working Group (ICMWG) has recommended that Singapore establish an international mediation service provider to be called the Singapore International Mediation Centre. read
Steve Bruce will seek talks with Assem Allam to smooth over the furore that the Hull owner has created after his outrageous attack on the club's supporters. Astonishingly, Allam has told fans 'they can die as soon as they want' after protests over his plans to change the club's name from Hull City FC to Hull City Tigers. Allam added: 'As long as they leave the club for the majority who just want to watch good football. How can they call themselves fans, these hooligans, this militant minority?' read
Over the last 10 years, and in the course of several Roma integration programmes, a new function or rather a professional role has emerged: the Roma mediator - a professional involved in various fields (in particular the areas of Roma integration, education, health care, employment, and residence). In this article, Éva Deák, from the Partners Hungary Foundation, provides an overview on the link between social groups, different cultures, and about results and successes in understanding and manage social conflict. read
The Ohio Supreme Court wants to help government officials stay out of court. With the abolishment of the Ohio Commission on Dispute Resolution and Conflict Management two years ago, a branch of the Ohio Supreme Court — but not the court itself — is taking over the sometimes-difficult task of mediating disputes involving "budget, public-records requests and other organizational issues without court involvement." The Supreme Court Commission on Dispute Resolution recently sent out a statewide survey to gather information to help with the creation of a formal process to iron out disputes at all levels of government: state, county, city and township. "Conflict-resolution processes, such as mediation and facilitation, are powerful tools that can be used to clarify communications, build stronger working relationships and reach consensus," the commission said in a letter accompanying the survey. "Public officials have found that involving an impartial third party is an effective way to reach agreements and prevent disputes from escalating into unproductive, contentious impasses." The court will cover resolution costs, said Jacqueline Hagerott, manager of the Dispute Resolution Section. read
The country's consumption-centric culture fuels much of our economic engine. But that drive to buy, on full display on days like Black Friday, also causes the accumulation of mountains of consumer debt, which if unpaid starts a cycle that often ends up in a courtroom somewhere. It happens often enough that one Pima County judge has sought a less litigious way to resolve debt-collection issues that benefits both debtor and creditors and helps minimize the backlog of cases in the court. Creditors have to find ways to collect on those back bills. It might start with calls from collection agencies, but very often creditors resort to the courts to get their due. "Mediation allows people to maintain control of the decision making," said Anne Fisher Segal, a Pima County Justice Court judge. Segal has been promoting mediation as an alternative to lawsuits in all the debt-related cases in her courtroom. read
A mediation session is set for next month in a lawsuit challenging a permit for a new $35 million passenger cruise ship terminal in Charleston. Court records show a mediator for the 4th Circuit Court of Appeals in Richmond plans to meet with attorneys in the case on Jan. 7. Both the South Carolina State Ports Authority and the U.S. Army Corps of Engineers are appealing a decision by a federal judge tossing out the Corps' permit for the project. U.S. District Judge Richard Gergel ruled in September that the Corps didn't adequately review the terminal's effects on the city's historic district. Environmental, preservation and neighborhood groups have challenged the permit allowing additional pilings beneath a waterfront warehouse so the structure can be renovated for the new passenger terminal. read
Congratulations to Colin Rule! The 2013 Mary Parker Follett Award was awarded to Colin on October 11, 2013 at the ACR Annual Conference in Minneapolis, MN. read
Confronted by a masked burglar in our home in the dead of night, most of us would scream or run away. When it happened to Viv Hulland, she suggested the intruder join her at the kitchen table for a chat. The 54-year-old, who works as a professional mediator, said she sensed from the balaclava-clad criminal's body language that he was as frightened as she was. read
Indiana Governor Mike Pence and Superintendent of Public Instruction Glenda Ritz yesterday agreed to have the National Association of State Boards of Education (NASBE) facilitate a conversation among the members of the Indiana State Board of Education (SBOE) regarding roles, responsibilities, and the operations of the Board. Under the leadership of Superintendent Ritz, Indiana re-joined NASBE earlier this year. Governor Pence and Superintendent Ritz also discussed the Center for Education and Career Innovation (CECI). read
Mediation is becoming a "must" in many states prior to a judge hearing a case. While it may not be a written statute or rule, it is a preferred practice, especially in civil cases. Having the opportunity to achieve settlement of a dispute without the time, expense and unpredictability of a trial takes an effort, but when properly planned for can allow both parties to feel that a fair resolution has been accomplished. read
A federal mediator was unable to help Seabrook Station nuclear power plant and its unionized employees reach an agreement on a new deal Wednesday, so a special session will be held Sunday in the hopes that the sides can avoid an impending work stoppage. read
Each year more than 230,000 people in the UK go through the traumatic process of divorce. The process if often stressful, costly and - particularly when children are involved - it can be complex and needs to be handled with great care by all those professionals involved. Yet, contrary to popular belief, the vast majority of divorces don't require a full-blown court case to resolve these often difficult and sensitive issues. While some couples, thankfully, are able to agree things with the bare minimum of legal input, for those who require help the legal system has developed a number of processes, collectively known as dispute resolution, that avoid the need for court altogether. read
The Lake County Board of Zoning Appeals has approved a mediation settlement between the county and Minerva and Miguel Moya, owners of property near the state line. The request was to reconsider a mediation settlement that had been reached back in September of 2012. At question was the use of the property for the traditional Charreada, which is similar to a rodeo. In the past it had allegedly gotten out of control, and did not follow the strict rules and regulations as set down by the Charros Federation USA. read
It's National Family Dispute Resolution week, highlighting the alternatives to using court to settle matters when couples separate. We asked Bernie Davis from Berkshire Family Mediation to tell us the lessons from celebrity divorces. read
The Bombay high court on Monday appointed a mediator in the matrimonial dispute case between former Miss World Yukta Mookhey and her estranged husband Prince Tuli. Senior advocate Rajiv Patil will be the mediator. Patil would hear both the parties out and try to resolve the issue amicably and work towards ensuring a settlement between the warring couple. read
The Lagos Court of Arbitration (LCA), in collaboration with the Investment Climate Facility for Africa (ICF), Chevron Nigeria, Stanbic IBTC, White and Case, and Africa Finance Corporation (AFC) has assembled legal experts, entrepreneurs, investors and the government in a West Africa Regional Alternative Dispute Resolution (ADR) conference to reiterate the need to timely resolve commercial dispute through effective mediation and arbitration to promote economic growth. read
Eastern China's Shandong Province has seen more complaints related to marriage and family over the past three years, with complaints involving domestic violence accounting for about one-third of the category, according to a meeting held by the Shandong Women's Federation on November 21, 2013. Among the six categories of complaints lodged by women, the number of complaints related to marriage and family, labor rights and social security, and property rights has increased. Head of the Legal Department of the Shandong Women's Federation Zheng Donghui pointed out that family structures, relationships and functions have changed with China's social transformation. There are now more family disputes and a surge in the divorce rate. read
The adversarial, and sometimes destructive nature of litigation, and how it can be avoided to protect consumers, defend human rights and provide the certainty required for commercial relationships to thrive in a fast moving and growingly complex world, are explored by Jacques Joubert. He argues that the legal profession cannot avoid its responsibility to reflect on the general disenchantment with litigation, and to explore ways to address important concerns, which in the words of Nobel Laureate and economist Joseph E Stiglitz, include lawyers working 'hard to out lawyer each other, which is to say outspend each other, since good and clever lawyers are expensive', and arriving at an outcome that 'is often less determined by the merits or issue than the depth of the pockets'. Pushing the role mediation can play in helping to resolve these concerns, Joubert notes 'litigation and adjudication are here to stay and the challenge is not to create a parallel universe called mediation, but to embed mediation in litigation as one of the important options available to resolve disputes'. read
Jerusalem Arbitration Center aims to boost Israeli-Palestinian economic ties with agreed upon commercial dispute mechanism. Until now, commercial disputes between Israelis and Palestinians were relegated to inefficient Oslo Accord-era mechanisms. Israeli businesses could not be sure that court decisions would be enforced in Palestinian areas, while Palestinians felt disadvantaged by Israeli law, especially when up against larger, more powerful businesses. With Palestinian courts generally hostile to Israelis, they made a poor alternative. "There was no arrangement, and most of the deals were done in cash money," said Shachor. Because of the lacking legal mechanisms, businesses relied on cash on delivery and bank guarantees. The new system will allow people to take their disputes to binding arbitration, and is expected to open the doors to other kinds of contracts, credit and business arrangements. read
Simon Cowell's baby mama Lauren Silverman and her ex won't be settling any future disputes through overpaid lawyers -- they've enlisted a trusted mutual friend to hash out their differences ... a man who also happens to be a famous BILLIONAIRE. According to the divorce settlement, Lauren and Andrew Silverman have named Sir Philip Green as a mediator. Green is the current CEO of the Arcadia Group, which owns the likes of Topshop, and is worth a reported $5.3 billion. Under the settlement, Green will be one of two mediators (the other being attorney Martin Edelman) for the next 5 years. read
The Citizens Police Review Board gave approval to a request for proposal for certified mediation services to be implemented for the Columbia Police Department, a project some board members say they've worked on for more than two years. James Martin, chairman of the review board, said the ordinance calls for the services, and the city budget has money in place for it. The board on Monday approved the language for the request for proposals to be sent to purchasing. The hope is that bids from agents or companies can be collected as soon as January. Because the service is contracted, assistant city counselor Rose Wibbenmeyer said, the exact dollar amount won't be known until a company is chosen, as part of what the bids include is the cost they will provide their services for. The mediator does not report to anybody, board member Betty Wilson said, but rather attends a meeting with the person who filed the complaint as well as the police department and afterward states if they reached an agreement. Wilson said mediators are generally not involved in criminal investigations. read
Giving a small measure of hope to advocates for Interfaith Medical Center, Chief Bankruptcy Judge Carla E. Craig on Wednesday deferred making a final determination on closing the ailing Central Brooklyn hospital, instead assigning the case to mediation. The goal is to work out a compromise combining elements of plans submitted by Interfaith supporters, and a closure plan backed by the Dormitory Authority of the State of New York (DASNY) and the state Department of Health. Judge Craig assigned as mediator Judge Elizabeth Stong, U.S. Bankruptcy Judge for the Eastern District of New York. Proposals put forward by the IM Foundation and other supporters attempt to preserve Interfaith's 287 inpatient hospital beds, 120 of which are for psychiatric patients. read
The Court of Appeal held that: Silence in the face of an invitation to ADR is, as a general rule, unreasonable. Failure to respond to an invitation to ADR will make a party liable for penalties in costs, at the court's discretion. Not providing reasons for refusal to mediate means that the other side is unable to try to accommodate them. A reasoned response could encourage the parties to re-consider their position. Reasons provided subsequently - at trial, for example - will be disregarded. A specialist mediator may spot the game-changing point (here: the air conditioning system), much earlier in the case. The Court depriving the Defendant of all costs claimed was "vigorous", but an exercise of the Court's discretion, and should compel others to agree to ADR. read
The mediation centre of the Pune District and Sessions Court has recorded a rapid increase in settling cases — out of 4,082 cases referred to it so far this year, 2,481 cases have been settled. For dispute settlement, the centre uses alternative dispute resolution (ADR), a technique that acts as a means for disagreeing parties to come to an agreement short of litigation. Explaining the procedure, R K Malabade, mediator judge and co-ordinator of the centre, said, "Mediation is an ADR process during which the mediator, an impartial third party, assists disputing parties in reaching a mutually acceptable agreement. Malabade added that mediator does not impose a solution on any party, but helps those involved in the dispute to talk to each other, and resolve the dispute themselves. "The procedure followed during mediation is as per section 89A of the Civil Procedure Code (CPC) that talks about settlement of disputes outside courts. At present, most of the cases that the centre deals with are matrimonial disputes and property matters," he added. read
Patients and doctors can soon resolve their grievances without going to court. A mediation bureau is being set up by the Malaysian Medical Association (MMA) and the Medico-Legal Society of Malaysia (MLSM) to look into the increasing number of medical disputes in the country and settle cases out of court. "Although the bureau does not have any legal regulatory powers, it will be a faster and cheaper alternative for parties seeking an amicable solution to their medical dispute," said Datuk Dr N.K.S. Tharmaseelan, president of both MMA and MLSM which represent more than 15,000 doctors and specialists. The bureau, to be operational by Dec 1, will have a panel made up of legal advisers and healthcare experts. Those seeking redress will be charged a small administrative fee of about RM100. read
Alternative Dispute Resolution (ADR) is fast becoming a widely-accepted alternative to local court litigation. This is particularly true of arbitration. Oddly, mediation is still heavily underused, which begs the question whether there is room for wider subscription in the UAE? In cultures where contracts are not always regarded as rigorous terms of engagement but rather as a framework intended to govern a commercial relationship, mediation is particularly well-placed to serve the settlement of differences at arm's length before they escalate. read
German political scientist and expert in the post-Soviet area, Heiko Langner, commented on the situation in Georgia and Azerbaijan following the elections, the upcoming summit of the Eastern Partnership, and the prospects of settlement of the Nagorno-Karabakh conflict for Vestnik Kavkaza. read
Alternative ways of dispute resolution have been globally pulling litigants and lawyers alike towards a more consensual-settlement based approach for a while now. In most developed nations, litigations are increasingly being seen only as the last resort after alternatives have been exhausted. On the contrary, in Bangladesh, litigations although fraught with a lengthy, adversarial, complex and expensive process are seen as the proffered and preferred tool of seeking remedy at the best but wearing down the adversary with ulterior motives in most other cases. Alternative dispute resolution is advised, available and practiced only at a minuscule level. read
Mediation has been identified as a key strategy for resolving contract disputes in the construction sector as it will not only boost business growth but also further enhance investment opportunities even as savvy investors now beam their searchlight on Nigeria as one of the most profitable countries in Africa and the world. The use of Public Private Partnership (PPP) as a viable approach for providing infrastructure through private equity firms has further heightened the need for mediation rather than litigation for resolving disputes, as most firms contracted to execute same projects sometimes have different cultures. read
SINGAPORE: The Law Ministry will fund 80 per cent of fees for mediators interested in pursuing local and overseas training programmes. One such course is the Certificate in Law for Community Mediation awarded by Temasek Polytechnic. Senior Minister of State for Law Indranee Rajah announced this at a dinner marking the Community Mediation Centre's 15th year anniversary. Ms Indranee said: "Our mediators are essential to the speedy and effective resolution of social and community disputes before they grow into something much more serious. It is thus critical that our mediators undergo continuous training to keep their knowledge and mediation skills relevant and up-to-date." read
The city has pursued negotiations, mediation and arbitration as it attempts to settle contracts with 10 municipal unions in Springfield, having reached just one agreement since contracts expired 16 months ago. read
Court-ordered mediation for parents feuding over children has moved closer to becoming a reality. Recognising the importance of both parents in the lives of their children, the One Bermuda Alliance Government pledged in the Throne Speech to upgrade existing legislation. Amendments to the Children Act 1998 will make mediation a prerequisite to coparenting orders rather than as a result of non-compliance with court orders. read
Citizens who have complaints with King County Sheriff's Office (KCSO) deputies will now have another avenue to address their issues, thanks to a new mediation process being implemented by the King County Office of Law Enforcement Oversight. According to KCSO, the oversight office "will identify cases in which parties might benefit from a face-to-face discussion." Mediation will be performed by the King County Office of Alternative Dispute Resolution, and it's hoped it will "create an opportunity for meaningful and confidential discussion between the parties." read
UK: The Court of Appeal has decided that a failure to respond to a reasoned invitation to mediate an ongoing dispute is unreasonable, regardless of whether there were good reasons to refuse to mediate. Silence is not an acceptable response and parties must actively engage in attempts to settle their disputes without recourse to court proceedings. read
Turkey has requested support from Switzerland to help overcome conflicts between Armenia and Azerbaijan to open the way for Ankara to repair ties with Yerevan, which have been cool over the Armenian occupation of Nagorno-Karabakh. Foreign Minister Ahmet Davutoglu told Swiss officials that Turkey is ready to normalize its relations with Armenia, but he made it clear that Yerevan should first leave the Azerbaijani territories it has occupied. read
Adonis Holmes, 17, was recognized as a Student of the Month recently by the Lansing Rotary Club for his dedication to his school and his fellow students. A senior at Thornton Fractional South High School in Lansing, Holmes serves as president of the Peer Mediation group and vice president of Student Council. "I enjoy being able to sort out differences between individuals. I love being able to say that I helped create a better solution to a critical problem." To continue to serve his peers, he plans to attend Yale University or the University of Pennsylvania to study psychology. "I enjoy the personal aspect of psychology. I love people, and I would love to have a profession that is centered on human understanding," he said. read
The other day when I was out walking I remembered something a friend once told me. He said: "Wouldn't it be great if we had more donkeys in the world?" When I asked what he meant he explained. "Donkeys are so cool. Didn't you know that they are nature's best mediators? For example they break up fights between bulls. read
Turkey and Norway support each other on the global scene for mediation and peace efforts against crises. "Turkey will continue to work with friendly nations like Norway and international organizations to achieve regional and global peace," Turkish Foreign Minister Ahmet Davutoglu said on Wednesday. "I usually make some analogy between international crises and earthquakes," Davutoglu explained at an academic conference on international mediation. "Earthquakes weaken the columns of buildings, mediation is the best effort to restore these buildings." During the conference, which hosted Norwegian academicians and Foreign Minister Borge Brende in Turkish capital Ankara, both foreign ministers addressed the audience on their countries' efforts to mediate crises around the world over years. read
The Victim Offender Mediation Association website defines victim-offender-mediation as "a face-to-face meeting, in the presence of a trained mediator, between the victim of a crime and the person who committed that crime ... In the meeting, the offender and the victim can talk to each other about what happened, the effects of the crime on their lives, and their feelings about it. They may choose to create a mutually agreeable plan to repair any damages that occurred as a result of the crime." read
Earlier this year, the British Columbia Supreme Court allowed a plaintiff, Brian Burke, to serve his defamation claim via the message board on which the defamatory publications were posted. Service was thereafter effective on the defendants in the names of their aliases. read
Officials from Denver and Adams County met all day Thursday in a hotel with a professional mediator to work out a resolution to a long-festering dispute over the development of Denver International Airport. The meeting with Washington, D.C., mediator John Bickerman has been a tightly held secret and participants have been asked to sign a confidentiality agreement, according to a source close to one of the parties who asked not to be identified. read
The NCAA and plaintiffs' lawyers in a landmark concussion lawsuit met with a mediator on Friday, CBSSports.com has learned. Former Eastern Illinois defensive back Adrian Arrington and four other former NCAA athletes sued the association in September 2011. The basis of the suit is a "duty of care" that Arrington says is owed to players by the NCAA. The suit seeks unspecified monetary damages and a series of reforms by the NCAA. Specifics of the mediation were not available. The sides are bound by a confidentiality agreement. read
Stryker Rejuvenate hip lawsuits are on a fast track in New Jersey state court, with a court mandated mediation program in place to try and reach a settlement. More than 430 defective hip product liability Stryker Rejuvenate and ABG II hip stems lawsuits are centralized in the Superior Court for Bergen County, New Jersey before Judge Brian R. Martinotti. read
The AG, Prof Copeland and UWI are to be commended for agreeing to go the way of the mediation in this matter and arriving at a successful and peaceful resolution of the PHI pan lawsuit. It was clearly done in and to the benefit of the public interest. read
Two attacks on doctors - one fatal - have prompted a fresh round of reflection in the mainland media on the long-standing problem of patient-doctor conflicts. As is often the case, dissatisfaction over the handling of their illnesses seemed to be at the root of patients' decisions to act out. But so far the government has focused on improving hospital security rather than quieting anger. read
A new nonprofit organization in Jasper County is designed to provide mediation services for low-income residents of the Low country. Paul Brody is founder and director of the Beaufort/Jasper Community Conflict Resolution Center, and he hopes he can save clients time and money by settling disputes and disagreements without going to court. read
mediators with the Community Justice Centre are disputing claims by Newcastle MP Tim Owen that closing the Newcastle office will not reduce services to the community. As the Newcastle Herald revealed on Saturday, the state government intends to centralise its community justice centre system by closing the Newcastle and Campbelltown offices and centralising administration at Parramatta. read
Beleaguered homeowners will soon be able to avail of the services of an independent third party facilitator to advise and engage with AIB Group on their behalf. The initiative, which is free of charge, applies to all customers of AIB Group - including EBS and Haven - and will be operational from November 18th. read
The Nevada Supreme Court has ruled that mediation records are confidential in the case of a homeowner trying to save his property from foreclosure. The court Thursday rejected the petition of the nonprofit Civil Rights for Seniors, which sought to examine all the records of Nevada's Foreclosure Mediation Program, established in 2009, during the height of foreclosures. read
The South Dakota Department of Agriculture (SDDA) Mediation Program is seeking individuals interested in contracting with the state for mediation services. Mediation training will be provided for individuals to become qualified mediators, so previous experience is not required. Mediation services are provided to producers regarding agricultural lending, federal land grazing permits and surface depredation due to oil or gas development. read
Mediation could provide a pathway for the Justice Department to back away from a scheduled court battle against the planned merger between US Airways (LCC_) and American (AAMRQ), a veteran antitrust attorney said. "If the government is looking for a way out of this political pickle, the mediation would be a convenient cover under which it could claim victory," said John Briggs. read
The Kuikahi Mediation Center — in participation with the Hawaii County Bar Association (HCBA) — is hosting its Eighth Annual Recognition Dinner and Auction in Hilo to help fund the non-profit human services agency. "Founded in 1983 as a program of the Hawaii Island YMCA, Kuikahi became an independent community mediation center in 2005," said board president Andrew P. Wilson. "The value of the services provided by the Kuikahi Mediation Center cannot be measured in dollars and cents or even in time. What mediation affords litigants is a chance to participate in a confidential process in which a neutral third party helps people work out their differences to reach an agreed upon settlement. This agreement may include issues that would not or could not be dealt with if they decided to try the case in court." read
Ousted president Mohamed Morsi's resigned vice-president, Mahmoud Mekki, is reportedly awaiting a call from army chief Abdel-Fattah al-Sisi to mediate a solution to Egypt's ongoing political crisis, sources in Morsi's main support bloc told Anadolu Agency on Wednesday. Mekki has sent a message to the military-backed authorities that he would "not begin mediation efforts unless there is a real desire [for reconciliation] on the part of the authorities," according to sources in the pro-Morsi National Alliance for the Defense of Legitimacy. read
The youth, if empowered and made a part of political decision making, could help resolve issues pertaining to militancy and violence. This was the crux of a speech made on Wednesday by Inyatullah Khan, Local Government and Rural Development minister Khyber Pukhtunkhwa (K-P), at a concluding ceremony of a European Union (EU) funded project, that focused on helping the youth of K-P and Federally Administered Tribal Areas (Fata) learn mediation skills and connect with policy-makers, pronounced peace a rare commodity in the province. read
People and politics often seem more divided than ever, but a group meeting this weekend in Portland is convinced it doesn't have to be that way. At the Oregon Mediation Association's (OMA) fall conference, social workers, attorneys and human resources professionals will discuss ways to manage serious conflicts that prompt all sides to collaborate on an outcome without sacrificing their principles. The conference's keynote speaker, Susan Podziba, has mediated issues for cities, federal agencies and even the United Nations. "I like to think about mediation as enabling people to solve their own problems," she says, "as opposed to having a judge making a decision that may or may not fit the situation in all of its complexity." Podziba says a good mediator can help people emerge with a solution that none of the parties could have reached on its own. read
The number of commercial property disputes where the parties attempt to settle through mediation is set to increase significantly following a landmark decision handed down by the Court of Appeal, according to a Manchester-based property litigation lawyer. read
The current debacle over implementing the Affordable Care Act could benefit from a good mediator. Common ground already exists: the president and every member of Congress took an oath to serve this country and to work together in the best interest of the American people. A skilled mediator would begin here, as common ground starts at the base level of being an elected official with responsibilities regardless of tenure or status. Each of them shares responsibility to their constituents - the American people. read
In line with promoting awareness for Alternative Dispute Resolution (ADR) in Nigeria, the Lagos Court of Arbitration (LCA) has embarked on a radio programme, 'City Legal', which runs on Tuesdays by 10:00am and Thursdays by 05:30pm, on Smooth FM 98.1. The 15-minutes programme targeted as Large Corporations, Small and Medium Scale Business Owners, International Organisations, Consumers, among others, is created to enlighten and empower the public on ADR and the LCA's role in bringing mediation and arbitration to the fore-front in dispute resolution. read
If you're looking for valuable legal insight, you go to blogs, not law reviews. This from Adam Liptak (@adamliptak), Supreme Court Reporter for the New Times, writing this morning on the declining value of law reviews. "The judge, lawyer or ordinary reader looking for accessible and timely accounts or critiques of legal developments is much better off turning to the many excellent law blogs." read
There are various processes for resolving disputes including power, litigation, arbitration, and various styles of mediation. Each has its role and its skilled practitioners. These processes may end the conflict but not resolve the underlying causes of the dispute. Facilitative mediation provides the possibility of acceptable solutions to all parties in a dispute and an opportunity for healing and rebuilding relationships. Ideally it addresses the interests — the whys of disputes. read
The number of divorcing couples using special out-of-court sessions to settle disputes over property and children has collapsed in the wake of legal aid cuts. Thousands of divorcing couples and their children are being drawn into bitter but avoidable court battles in the wake of Government cuts to legal aid, stark new figures show. The number of couples inquiring about formal mediation has halved since the cuts came into force in April. Meanwhile the number of couples formally entering into the process – which the Government have hailed as an alternative to costly and often bitter litigation – is down by a third in that time. read
Institutional framework for mediation should be further strengthened in Pakistan through legislative action as is being done in many countries around the world. Local and foreign investors should also include mediation clause in contracts as it provides an efficient and low-cost mechanism for dispute resolution, said Lahore Chamber of Commerce and Industry President Engineer Sohail Lashari at the certificate distribution ceremony arranged by International Finance Corporation (IFC) here on Saturday. read
Mongolia's president is due to arrive in Pyongyang on Monday with the goal of nudging North Korean leader Kim Jong Un toward peace and denuclearization, but experts say Pyongyang is unlikely to embrace Mongolia's tale of mining-based prosperity when it's packaged with democratic reforms. During his four-day visit, Tsakhiagiin Elbegdorj will present his country's history as an example of achieving sovereignty and economic development without relying on the use of force, according to an official in the Mongolian President's Office. The official said Mr. Elbegdorj can play the neutral mediator for North Korea and the outside world. read
The U.S. government is offering to mediate in a dispute that has splintered the governing body of the Blackfeet Indian tribe. Acting Superintendent Thedis Crowe of the Bureau of Indian Affairs sent Blackfeet chairman Willie Sharp Jr. a letter Wednesday saying mediation is critical to restore a functioning tribal council. The Blackfeet Tribal Business Council split into two factions after Sharp last week unilaterally suspended two members and reinstated two others who had been suspended last year. Sen. Shannon Augare, Leonard Guardipee and two other council members called Sharp's actions illegal and want the BIA to intervene. read
Just as they had promised, neither representatives from England's PLR or France's LNR attended this week's mediation talks in Dublin, however many of their demands were still met by by the parties in attendance. Mediators Graeme Mew and Stephen Drymer today released an agreed statement following the meeting. Here are the three main issues on which a consensus was agreed . . . read
Rather than sending the updated ordinance back to the Planning Commission, which already voted 6-1 in favor of the recommendations, Council shifted the dispute to the City Manager's office for mediation between now and Nov. 21. Likely to be facilitated by a retired state district judge, stakeholders from each side will meet and discuss specific areas of contention. Initiated by Council Member Mike Martinez, the goal is to offer a fair and mediated discussion on some of the most controversial recommendations, specifically those provisions allowing the slaughtering of chickens and rabbits for commercial sale. One farmer expressed disappointment with the delay but said she is hopeful the mediation will yield results so the farms can get back to work, adding, "Urban farms set an example of what can be done in a city that doesn't include exploitation of workers, cruelty to animals, pollution of the air, destruction of the soil, and devastation of our waterways." read
The parents of 13-year-old Taft Conlin, who died in an avalanche at Vail in 2012, will meet Thursday with representatives of the ski resort and a mediator in an attempt to resolve the family's wrongful death claim. If the two sides cannot reach an agreement, the case is expected to go to trial. A critical issue expected to be addressed during the court-ordered mediation is whether Conlin, who was skiing on Prima Cornice trail on Jan. 22, 2012, was in an open or closed area when he was overcome by an avalanche. read
Former Miss World Yukta Mookhey and her estranged husband Prince Tuli Monday suggested the Bombay High Court Monday that their case, in which Mookhey had accused Tuli of causing harassment and unnatural offences, be referred to the court's mediation centre. Following their request, the court asked the legal aid authority to appoint a senior lawyer as a mediator in the case. The mediator has been asked to submit a report to the court by November 19. Mookhey's lawyers suggested the appointment of a mediator as the possibility of an amicable settlement between the couple had been ruled out. read
Children as young as 14 have used a mediation service set up in Derry to resolve the threat of violence from vigilante and paramilitary groups. The Time2Choose Project, established by Rosemount Resource centre last June, had its official launch yesterday. Partly funded by almost £200,000 from the International Fund for Ireland, the project provides specialist mediation and intervention services to those under threat, their families and the wider community. It is specifically aimed at 'at risk' young people who feel they can not engage with existing agencies. Project coordinator John Donnelly said the scheme has so far seen around 60 cases - 90% of which met with a successful outcome. "The sad reality is that people as young as 14 years old are being embroiled in complex and dangerous situations that expose them to all forms of risk including drugs, violence and intimidation. "This project is about supporting people to take control of their situation and providing critical interventions that can resolve difficult issues with positive solutions that are agreeable for communities and statutory authorities. read
After more than a decade as friendly neighbours, two Scarborough families have become locked in a bitter feud that blew up last week in an offensive lawn sign and visits from police. The cordial relationship between John Corcoran, 81, and Vicky Downing, 47, began to unravel over a year ago when he supported her ex-boyfriend during a messy breakup. Both neighbours say they have called the city and police several times to report alleged wrongdoing but the bad behaviour persists. Neither was sure how to dial down the over-the-fence tension until police suggested last week they try formal mediation. They agreed, in theory, but have yet to start. read
The mediation process aimed at finding a solution to the the current impasse over the future of the Heineken Cup began yesterday and will be completed this afternoon. No representative from the English Premiership Rugby (PRL), French La Ligue Nationale du Rugby (LNR) or Regional Rugby Wales attended the meeting at an undisclosed Dublin hotel. On Tuesday the Welsh regions pledged their support to the breakaway tournament proposed by the PRL and LNR. The mediation talks are being chaired by Canadian lawyer Graeme Mew. The six-member unions, including IRFU representatives, were present along with ERC chief executive Derek McGrath and its president Jean-Pierre Lux. read
Mediation is not one monolithic technique. Mediators and mediation theorists may categorize different types of mediation techniques into different theoretical boxes, such as "facilitative," "evaluative" and "transformational." But the categories all seem to bleed into each other. At its core, mediation has as much variety as there are mediators, mediation clients and issues being mediated. Because of this variety and variability, mediation seems more like art than science, with unpredictable pathways through the process, and surprising results, if the mediator gives the clients space to evolve in their understanding of each other and the dispute. read
An anti-Semitism claim against an Anglican vicar by the Board of Deputies of British Jews was resolved through mediation. The board brought the complaint against the Rev. Stephen Sizer to the Church of England a year ago, saying Sizer made anti-Semitic statements and published links to anti-Semitic websites, including links posted on his blog that promote Holocaust denial and Zionist conspiracy theories. The complaint was made to the Bishop of Guildford by Jonathan Arkush on behalf of the Board of Deputies of British Jews. According to the conciliation report to the Bishop of Guildford, Sizer did not accept "the substance of the complaint" but "regrets that on occasions his use of language has caused offense to some and agrees that he should have reflected on his choice of words more carefully. The content of certain websites having been drawn to his attention, Dr. Sizer also accepts that he should have taken more care before linking to them." Mediation sessions between Arkush and Sizer led by Christian and Jewish counselors were held for three months prior to the final conciliation report. read
A trial over the city of Aspen's water rights on Castle and Maroon creeks has been set aside so that Aspen and the group claiming the city abandoned its rights can attempt to find a compromise. The two sides are re-examining the impacts of a proposed hydroelectric facility on Castle Creek. If they can't agree on a consultant or on the scope of the study, the case will go to trial. read
Ruling blocks private arbitrations overseen by sitting judge. A federal appeals court has upheld a ruling declaring that a Delaware law allowing chancery judges to oversee secret arbitration in high-stakes business disputes is unconstitutional. A three-judge panel of the Third U.S. Circuit Court of Appeals ruled 2-to-1 Wednesday to uphold a federal judge's ruling in favor of the Delaware Coalition for Open Government, which challenged the law. DelCOG, backed by The Associated Press, The New York Times and several other major news organizations, claimed in its lawsuit that the secret arbitration conducted by Delaware's Chancery Court violated the First Amendment rights of citizens to attend judicial proceedings and access court records. Attorneys for the state argued that secret arbitration made the Chancery Court more efficient and generated revenue for Delaware, corporate home to thousands of companies. read
Russia says it will not participate in an international arbitration process over a Dutch-flagged Greenpeace ship, the "Arctic Sunrise," which was seized by Moscow along with the 30 people onboard. The Russian Foreign Ministry said in a statement on October 23 that it will not take part in the arbitration because it had opted out of dispute settlements under the United Nations Convention on the Law of the Sea. read
The mediation process over California's prison population saga instituted by a panel of federal judges has been flying under the radar for the past month, but it must be making some progress. The judges, based on reports they've received on that process, decided on Monday to give Gov. Jerry Brown another additional month to comply with their order to shrink the prison population. That deadline, originally set for Dec. 31 and then moved into January, now sits at Feb. 24. This second extension of the deadline was welcome news for the Brown administration, which has signed contracts for beds in private lockups to accommodate slightly less than half of the 8,500 inmates it needs to move out of the state's 34 prisons. read
The role of mediation in resolving and managing workplace conflict has received limited academic attention in the UK. Nonetheless, it has become a key part of the Coalition's government's agenda for reform of the UK system of dispute resolution. For the most part the debate over workplace mediation has focussed on the business case and crude estimates of the cost advantages of mediation over conventional rights based processes. However, it is also argued that it offers the potential for transforming the culture of employment relations within organisations. read
Darrin Umbarger, chief executive officer of Clearview Mediation and Disability Resource Center, wants to have a conversation about access. For a person with a disability, he explained, navigating Eastern Oregon can be tricky. Some sidewalks have no access points. The examination table at the doctor's office is too high. Most handicap parking spots don't allow for vans with ramps. Umbarger will host a town hall this week on barriers for people with disabilities, bringing to Pendleton representatives from Oregon Health and Science University, the Northwest Americans with Disabilities Act chapter and Disability Rights of Oregon. The town hall is only a snippet of Umbarger's efforts to help people with disabilities. read
Members of a state legislative committee are awaiting a draft bill that would establish an arbitration system for Wyomingites who think they got ripped off by tow truck companies. After rejecting the bill capping tow rates, the committee ordered legislative staff to draft a bill that would provide customers the opportunity to mediate or arbitrate with a towing company, Landen said. It will be reviewed at the committee's November meeting in Casper. Mullen, the tow company owner, is open to the idea. "That's fine by me," he said. "I justify everything I do. Arbitration will be fine if they keep that fair." read
The Centre for Peace and Reconciliation (CPR) in collaboration with Reconciliation Alliance Consult (RAC) at the weekend launched a new approach to Alternative Disputes Resolution (ADR) christened "CounsMed Methodology". CounsMed is a hybrid of counseling and mediation, which guarantees that mediation, is smoothly carried out with a two-pronged effectiveness which deals with emotions and substantive issues. The CounsMed methodology employs psycho-analytical methods in helping disputants to understand some behavioral dynamics of their life situations. read
Students and mediators from around the world gathered at the Drake University Legal Clinic to take part in the International Academy of Dispute Resolution's Mediation World Congress last weekend. Ana Virginia Bauder, one of the conference's many presenters and attendees, took time out of her weekend to meet with Drake professors and speak with administrators to provide insight into what mediation is and her experiences as they relate to globalization. Originally from Venezuela, Bauder is a practicing mediator, conciliator and adjudicator who works on commercial and consumer disputes in London. read
Ousted president Mohamed Morsi's resigned vice president Mahmoud Mekki will lead mediation efforts to solve the country's lingering political crisis triggered by the powerful military's ouster of Morsi on July 3, well-informed political sources told Anadolu Agency on Sunday. "Mekki will form a mediation team within the next few days," said the sources. They added that the military-backed authorities and the National Alliance for the Defense of Legitimacy, Morsi's main support bloc, will both form their own negotiating teams. "Mekki's team will lead the mediation between both sides," said the sources. Mekki, who resigned his prestigious post six months before Morsi's ouster, will meet with the representatives of the two rival camps within the coming days to test the waters. read
Massachusetts Revenue Commissioner Amy Pitter announced that the Department of Revenue will give taxpayers an option for settling tax disputes faster than traditional appeal methods or litigation following the success of a year-long early mediation pilot program. Three of four corporate taxpayers that participated in the pilot settled their $1 million or more tax assessments during the very first mediation session. These cases with tax assessments ranging from $2.6 to $9.7 million closed in three-and-a-half to five months compared with the year or more it would have taken through the department's regular appeals process, according to a news release. The success of the pilot encouraged DOR to make early mediation an integral part of the department's resolution process and lower the eligibility requirement so more taxpayers can choose the option. The tax assessment threshold is now $250,000 instead of the $1 million base for the pilot program. read
Local mediation committees, commonly known as Abunzi have done a tremendous job to reduce cases reaching courts, Justice Minister Johnston Busingye said. Statistics from the ministry indicate that between July last year and May this year, the mediation committees received 40,118 cases out of which 32,474 cases were successfully settled while 6,123 cases proceeded to the classical courts. read
Bay Area Rapid Transit officials and a union spokeswoman confirmed Monday afternoon that talks were resuming through a federal mediator, and if resolution can be achieved by 6 p.m. regional commuter trains could be up and running for Tuesday morning's commute. A special meeting of BART's board of directors scheduled for 3 p.m. Monday was canceled because management determined it was not necessary at this point to "provide an update," BART spokeswoman Alicia Trost said. A regular board meeting is scheduled for Thursday. However, Trost at about 2:30 p.m., confirmed that conversations with federal mediator Greg Lim -- who remained in the Bay Area after his colleagues returned to Washington, D.C., last week -- were held late into Sunday evening on a union proposal that could propel talks forward. read
The owners of a tanker that that struck a bridge connecting New Hampshire and Maine has agreed with the states to mediation. The owners have been seeking a $2.4 million refund from the two states for the bond posted to release the vessel after the collision into the Sarah Mildred Long Bridge on April 1. The states sued the owners, saying the crew didn't secure the tanker properly. The owners of the Portuguese oil tanker MV Harbor Feature had said the two states are guilty of negligence. A trial has been scheduled for next year if the parties can't reach an agreement. The Portsmouth Herald reports the states and the tanker owners have agreed to mediation, a process that they expect to conclude by the end of next month. read


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Taking a chance, far from home
26 August 2005 - 6:17pm
Taking a chance, far from home
Tom is a brand new college student.
He's far, far from home. But I bet he'll do great.
Tom took the time to send us such a dear email -- and agreed that we could share it.
I would simply like to thank you for creating the HoliBlog.
I am from central Indiana and have visited Holiday World a few times over the years.
If I look hard enough in my parents' attic I can probably find the child's size t-shirt featuring the Santa Claus Land logo from my first visit.
My most recent visit was in 2004 and it was everything I remembered and more.
It may be awhile until my next visit though as I have recently moved to Las Vegas to earn a degree in Hospitality Administration at UNLV. (Might there be any job openings in the park in a couple of years?)
Even though the adjustments in culture and climate have not been too strenuous, the HoliBlog has made things easier. I religiously check it to see what is happening with the park. The stories about the park and community have kept me connected with my home state and have helped ease some of the home sickness.
So again thank you for keeping me connected to my roots with the HoliBlog and of course I would like to thank everyone associated with the Holiday World for making such a wonderful place.
Oh, by the way, if Holidog's travels ever bring him out west he is always welcome to stop by.
Thank you,
Tom S.
Las Vegas, Nevada
P.S. I am a stock holder in Six Flags. (I would love to own some shares of Holiday World but as I understand it is not publicly traded.) Anyway, I try to keep up on news of my investments. I was going to tell you that the park has been Fooled again but a quick check of the HoliBlog reveals that you already know. I guess nothing gets by you folks.
One bit of advice for the next four years, Tom: When the chips are down -- get the heck out of the casino!


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Wherever you decide to go, the Eddie Bauer Destination Infant Car Seat gets your little one there safely in style and comfort. This extra-lightweight infant car seat is easy to transfer in and out of the car and allows you to provide shade with the adjustable canopy. The Destination Car Seat also features a removable infant insert specially designed for smaller babies and soft, comfortable fabrics to keep the ride comfy as your baby grows.
- Rear-facing: 4-22 pounds
- Side Impact Protection
- LATCH equipped, adjustable stay-in-car base
- Infant insert specially designed for smaller babies
- Extra-lightweight for easy transport
- 5-point harness with Center Front Adjust
- Adjustable canopy
- Rear-facing Weight Range: 4-22 lbs
- Rear-facing Height Range: Up to 29"
- Side Impact Protection: Yes
- Center Front Adjust Harness: Yes
- Adjustable Base: Yes
- LATCH Equipped: Yes
- Assembled Product Dimensions (L x W x H in Inches): 30.0 x 17.0 x 23.5
- Assembled Weight of Product (pounds): 10.0
- Carton Weight (lbs): 15.0
- Carton Dimensions (L x W x H in Inches): 14.0 x 17.2 x 30.0
Shipping Note: This item ships directly from the manufacturer within contiguous United States only. Cannot be shipped to AK/HI, PO boxes, US territories, or APO/FPO addresses.


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2011 Player Profile: Rafael Betancourt
March 17th, 2011 | by Ray Flowers |
Right off the top I'll make a confession – this review will likely only truly apply to those of you are in an NL-only leagues. It's not that Rafael Betancourt doesn't have the skills to help in a mixed league, he without question does, it's just that as a middle reliever there is little chance that he will "break through" in 2011 because he isn't likely to get a chance to rack up saves even if Huston Street goes down with an injury for the Rockies. Still, I hope you'll read the piece even if you only play in mixed leagues as I'm sure you will be shocked by the historical nature of Rafael's work.
Let's start at the end.
As I mentioned, Betancourt isn't likely to get too many chances to close games for the Rockies. Not only do they have a 9th inning ace in Huston Street, there is also the fact that, historically, few have been worse in the 9th inning than Betancourt. It's almost like he's Superman and the 9th inning is his Kryptonite. The numbers are a bit skewed because blown saves can obviously be picked up before the 9th inning, but in his career Betancourt has 19 saves and 29 blown saves, and that's ugly. There is also the fact that the club has Matt Belisle, Matt Lindstrom and Franklin Morales to take over the 9th if something happens to Street. This is the main reason Betancourt isn't a sexy option in mixed leagues.
However, when we talk about skills, few can better what this Venezuelan born hurler can bring to the dinner table.
Career: 3.22 ERA, 1.10 WHIP, 9.53 K/9, 4.36 K/BB
Dominating marks, especially the more than one K per inning thing and the double the big league average K/BB ratio which is fantabulistic. Actually, Betancourt's career performance is so good that it is historic in nature, and when I say historic I mean he is on the cusp of doing something that no pitcher in the history of the game has been able to accomplish.
I look at his career GB/FB ratio of 0.57 and it causes me to be as nervous as a bikini at the thought of being worn by someone on The Biggest Loser, but Betancourt continues to be able to keep his HR/F ratio 20 percent below the big league average at 7.7 percent, and that helps to offset his fly ball tendencies. Plus, there are also two other factors that seem to mitigate against that concern.
First, the guy has been dynamic since he joined the Rockies. Here are his numbers over 104 appearances:
3.09 ERA, 0.94 WHIP, 12.11 K/9, 9.08 K/BB in 87.2 innings
You put up numbers like that for a decade and they make a plaque for you in Cooperstown.
Second, Betancourt has been a stud hurler even when pitching in Colorado.
4.05 ERA, 1,09 WHIP, 11.19 K/9, 8.29 K/BB in 46.2 innings
The guy is just locked in right now and operating at an elite level.
As I said at the start, all of this and bowl of Cinnamon Toast Crunch will get you a bowl of CTC and a moderate performer in mixed leagues. But if your weapon of choice is an NL-only league, then you've found a bullpen ace to target in Betancourt.
By Ray Flowers
Tags: 2011 Player Profile, Frankling Morales, Huston Street, Matt Belisle, Matt Lindstrom, Rafael Betancourt, Rockies