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.]

Mediation Tips for the Practitioner from a Savvy Plaintiff’s Attorney

Vickie Pynchon is taking a break from blogging while campaigning for one of the Presidential candidates.  In the meantime, she has asked some guest bloggers to post content.  On Tuesday, Brian Herrington, a plaintiff’s lawyer from Mississippi offered some useful tips on preparing for mediation from a practitioner’s perspective.

After a mediation fell apart on Tuesday because the ultimate decision maker did not attend and was not privy to the discussions necessary to allow him to make an informed decision, I could not agree more with Brian’s assertion, “Make sure the money person is there.” Brian states that he

will no longer attend a mediation unless the individual authorized to write the settlement check is present.   None of this, “We have to get on the phone and see what corporate says” for me. You do not want to mediate with defense counsel only.

Good stuff in Vickie’s absence.