I’m the fool.

I pity myself for acting like a little girl and whining about the possibility of sitting on jury duty for 4 weeks to help convict 6 violent criminals when Mr. T appeared for duty willingly and happily.

Popehattip

Don’t Mediate that Case??

Sandra Upchurch of the Florida-based mediation practice group Upchurch Watson White & Max discusses an interesting article from Human Resources Leader magazine entitled, “Don’t rush to mediate that employee complaint …” The article makes some interesting points about cases for which a face-to-face negotiation could be detrimental.

How to Screw Up A Mediation.

Over at The Strategic Mediator, Florida Mediator Sandra C. Upchurch spells out the Top 10 Ways that a practitioner can “botch” a mediation (she’s more polite than I).   She echoes the complaints I repeatedly hear from fellow mediation practitioners and other bloggers.  Except for her last complaint, which is frankly quite unique.

Some Link Love – The Strategic Mediator.

Diane Levin recently linked to a new mediation blog – The Strategic Mediator.  Written by the Florida based mediation panel of Upchurch Watson White & Max, it is a welcome addition to my Google Reader.

A Word to Employers – Don’t train “In-house” mediators for employment disputes.

Andrea Bucklow of The Mediation Times has an interesting post imploring businesses to resist the temptation to train in-house “mediators” to resolve HR and employment related disputes. While the idea may come across as protectionist, Amanda makes some very important and interesting points that counsel against the concept.

I think the most salient argument against in-house “mediators” is the simple fact that few reasonable persons would consider a “company mediator” as impartial or believe that information discussed in a mediation session would remain confidential.   All Most of the people I know who work for large corporations view HR employees as corporate drones who have the company’s best interest at heart.  “In-house mediators” would likely be viewed no differently.

I fully understand that in this business and economic environment, it is a tough sell to hire an outside consultant.   She has some suggestions for better dealing with internal disputes that might work.  However, as Amanda puts it,

[when a] problem arises which is too sensitive or too complex to deal with internally then seek out an independent mediator who can bring fresh eyes, new perspective, impartiality and experience to the issues and who will also gain the respect and trust of those involved.

Live blogging jury duty.

As some of you may know, I was called for jury duty. I will try to document this wonderful experience as it happens.

So far already today, we were informed that we could donate our jury stipend to the “liberry”, so it’s off to a bang up start.

I’m now waiting with 49 other potential jurors for a criminal trial-my worst nightmare. I was certain that no civil lawyer would want another litigator on the panel, but I’m not so sure about a criminal jury.

10:03- I’m juror #7. Maybe that’s lucky. I should have worn my Jedi robes and brought my light saber.

10:25- Still standing in line in a hallway. I know you are riveted to my every word.

12:45 – I may be screwed. I’m still on a panel of potential jurors for a 2-4 week criminal matter. And I think that’s about all I can say on the matter.

I sue. You sue. We all sue for ice cream?

Yes, it’s happened again.  It’s so routine, I’m not sure why I’m mentioning it.   Another helpless adult was viciously injured by an 8-year old boy “making a mad dash” to get ice cream at school.   It’s a good thing the poor, poor teacher’s aide has a lawyer like to protect her against that scourge of the earth: the 8-year old boy.

It’s a better thing this didn’t happen in a backwards-ass state like Georgia, where we have a ridiculous law that states that children under 13 are generally not responsible for their actions in tort.

Hat tip to Overlawyered.

Never underestimate the power of a meaningless gesture.

When I first read the story of Ria Ramkissoon, I was horrified that such a story could still happen in 2009 in a civilized, modern society.  In short, Ms. Ramkissoon is a member of a whack-job cult.  At some point in 2006, the leader of the cult,  “Queen Antoinette,” decided that Ramkissoon’s one year old son was a demon because he refused to say “amen” after meals.  The “Queen” ordered that the boy be refused food and water.  Sadly, he died.   When the authorities caught up with these charlatans and fools two years later, the mother and several cult leaders were charged with first-degree murder.

As sad as the story is, it turns out that there is actually a useful negotiation and dispute resolution lesson to be learned from the plea agreement that Ramkissoon’s lawyer’s struck with prosecutors.

When confronted with what she had wrought,  Ramkissoon apparently insisted that her son would be resurrected per the “teachings” of “Queen Antoinette.”   She would only agree to enter into a plea agreement and testify against the cult leaders on the condition that all charges against her would be dropped if her son resurrected from the dead.

Apparently, being on the “losing end” the first case of resurrection since Jesus Christ was a risk the prosecutors seemed willing to take.  Sometimes, making a meaningless gesture, such as the “resurrection clause”, can induce a party to enter into an agreement they otherwise would not.

[Ken from Popehat (who gets my hat-tip) takes a different tack, arguing that her insistance on these terms illustrates that she simply isn't competent.]