![]() | |
|
Many of the great philosophers, beginning with Plato and Socrates, discussed a theory known today as Dialectic. While there are a number of variations on the theory, the basic model is simple: An idea or belief is proposed (a thesis), and an opposing idea or belief is then argued (antithesis). From that struggle arises not a winner and loser, yet rather a third possibility which incorporates the best of the two opposing theories as well as new and better concepts which arise from the dialog (synthesis). When approaching an argument the parties in dialectic reasoning advocate their beliefs with an understanding that they can gain from learning of the other position, and that a synthesis of the ideas can and will often arise. While I don't get into all this fancy talk with my clients, dialectic reasoning is the basis of the mediation that I do. Parties will come to me certain that their perceptions and positions are the only valid possibilities. After giving each side an opportunity to tell their side, I restate their positions in a way that emphasizes the issues they have in common and giving cues to the possibility of a third path that allows each party to substantially achieve their goals. I try hard not to be the one who creates and speaks out the synthesis idea; my hope is to allow the parties to come to the solution themselves---the result is stronger if they do. Mediation is the new darling of the world court system. In most of civil litigation and increasingly in criminal matters, mediation is strongly encouraged if not ordered by the court. As it grows in popularity it feels "new," however it's actually rooted in the discourse of ancient Greek philosophers and likely goes back further than that. |
|
![]() | |
|
Lawyers have always had a self interest in keeping the law a bit elusive and exclusive. Because the law was changing on a moment by moment basis, the average citizen is hard pressed to keep up. Even lawyers have a hard time, requiring smart lawyers to specialize. The law changes every time the legislature meets and is nuanced daily by sometimes conflicting opinions from various courts. Even for the diligent, keeping up is tough and expensive. Several major search engine companies, such as Westlaw and Lexus, charge hundreds of dollars a month to lawyers. Yet the law does not belong to lawyers or to Westlaw/Lexus; the law belongs to the people! While technically laws and legal opinions are not copyrighted, finding relevent law and interpreting it by reviewing related cases, has been cost prohibitive for the average citizen. Google to the Rescue: This week Google launched it's free legal research engine, Scholar. While it's still in Beta and improving, it is already better than LoisLaw, the legal research company that I paid a hundred bucks a month to for many years. I actually did day long workshops and classes in law school on the use of Lexus and Westlaw, however Scholar is as intuitive and easy to use as Google. Google's familiar interface is adequate for most searches. It features hyperlinks within legal opinions so you can jump to related cases cited in each opinion, and also links that show subsequent cases and articles that cite the case you're reading. Google Scholar, for the first time on this scale, brings the law to the people. It's about durn time. |
|
![]() | |
|
A story in the news today is that three million dollars worth of bongs were confiscated at a California port. Since it's illegal to import drug paraphenalia, the Chinese shipper had labeled the glass bongs as Christmas ornaments. Sooo, it's illegal to import bongs, which means that all bongs in America have to be made right here in America. WTF? Can we assume that the Bong lobby got this passed to protect the American bong industry? If we can outlaw foreign made bongs, why in the world aren't we preserving American jobs by outlawing other foreign made products? |
|
![]() | |
|
In mediation there often occurs an almost magical shift where parties who were deadlocked on issues begin to collaborate to find a solution. Time after time I've begun, and the parties are furious at each other. As they tell their stories it seems that no resolution could be possible. It's all I can do not to move into referee mode. Instead, I employ the secret weapon: three words that diffuse anger: "tell me more." When listening to someone who is furious, the natural response is to get them to calm down, to make them hush. It is counter-intuitive to ask them to go deeper into the story and deeper into their hurt. They don't expect the time and the patience for someone to hear them out. Asking them for more is hard on the room, yet letting the wounded person pull their hurts out of the inside and putting them before the person who they perceive inflicted the wounds often, not always, allows folks to move forward. The hardest trick is letting the other person, the one who is hearing the rant, feel affirmed by the mediator, knowing they will have a fair opportunity to respond. The shift does not happen immediately following the rants of each party. Heated argument might be needed; which can serve the purpose of being sure both parties have an understanding of each other's hurts. The mediator guides rather than thwarts the argument often times breaking in to reframe or restate each party's words. Eventually, perhaps a bit from exhaustion, the parties relent, feeling for the first time in the dispute, heard and validated. They move into a place where solutions can be considered. Non-violent communication does not mean shoving conflict under the rug. Indeed, it's pulling it into the room, giving it full acknowledgment, and then finding a path that leads each one toward peace. |
|
![]() | |
|
Did you know that Vitamin D is not a vitamin? It's a steroid hormone that practically regulates how good you feel. Inadequate amounts of D is associated with Osteoporosis and Osteopenia Diabetes 17 varieties of Cancer (including breast, prostate and colon) Heart disease High blood pressure Obesity Metabolic Syndrome and Diabetes Autoimmune diseases Multiple sclerosis Rheumatoid arthritis Osteoarthritis Bursitis Gout Infertility and PMS Parkinson's Disease Depression and Seasonal Affective Disorder Alzheimer's Disease Chronic fatigue syndrome Fibromyalgia Chronic Pain Periodontal disease Psoriasis Bar none, the best source of D is the sun. We all need twenty minutes in the sun each day---outside, with as little clothing as possible. That exposure provides 20,000 times the D that the FDA thinks you need. The sun knows best. Taking supplements is a poor substitute. Try it; let me know if you feel better. Now excuse me while I go outside and dance naked for a bit. Read more at: http://www.huffingtonpost.com/dr-fr |
|
![]() | |
|
It's a rare all day thunder storm here in Albuquerque---a perfect opportunity to light the waiting pinon logs in the fireplace and sit back and giggle to happy thoughts like this... |
|
![]() | |
|
It could happen. The Divine Karlita and I are really excited about seeing John and Lyle tomorrow night. Sitting in with these big names will be a local guy or two who are more than able to hold their own in such esteemed company: ABQ Boy Tommy Elskey with Chris Dracup: www.TommyElskes.com ABQ Music Rocks! ( Read more... ) |
|
![]() | |
|
I was up early and sipping coffee in my favorite cafe while our LJ houseguests slept. Here's a couple of Haiku that came to me this morning... . Look! a twitch of leaves, breathing in the taste of wind, seeking flight's wonder . when we capture God--- place God in our handmade cage--- we too are confined. . ©Kel Vick, 2009 |
|
![]() | |
|
At some point I'll do a TGIFK post that's all kissing booth pics. Today, here's just one in a place where a couple can step out of the world and memorialize their love without fear of repercussion. This Friday we celebrate the sweetness and diversity of vintage PDA. ![]() Secret lovers in Germany, 1950's, Photographer unknown ![]() Sonny Stitt and Count Basie (aka Coleman Hawkins) © Terry Cryer, 1956 The legendary Terry Cryer honored me with his express consent to post this. Please check out his website: http://www.terrycryer.com ( Read more... ) |
|
![]() | |
|
Today we celebrate the Divine Karlita's (aka The Manifestress) eighth year of writing here at LiveJournal. In that time she's made 19,616 entries!!! LJ has been a tremendous resource for us as a couple---even though we talk constantly and email each other a dozen or more times a day, I still hear many things for the first time when she posts about it to the LJ world. It's a great insight into what she's thinking---which is always interesting. She's a blessing to me, and I hope she's been a blessing to you. So here's the plan. Karlita LOVES cat/kitten photos. In a comment to her or in a separate post include a cute feline photo---that will have her "Coo"ing and "awe"ing all day long. THANKS!!! |
|
![]() | |
|
|
|
![]() | |
|
Some time ago Karlita and I discovered the work of visionary artist James Jereb and fell in love. You would like him too: http://www.stardreaming.org/about.html Yesterday, from our very secret acquisition place in Santa Fe, we were honored to add this piece of his work to our art collection: ![]() "Lilith" Acrylic on canvas, © 2000 James F. Jereb, All Rights Reserved. Our version of this is the signed artist's proof giclée (a print) on canvas, and it is exquisitely framed. In prints the artist's proof is one he/she has approved as being the perfect standard by which all future prints are to be compared. Often, artist's proofs are not offered for sale, rather they are maintained by the artist or print maker for possible future editions---which makes this an extraordinary find for us. We absolutely love it. |
|
![]() | |
|
and the number one choice? To come see Karlita and I of course! http://www.usatoday.com/travel/deals/in |
|
![]() | |
|
Different folks have different LJ styles. Some just have a handful of real life friends that they banter and giggle with---and comments are reasonably expected from every friend on every post. Others zip around collecting hundreds of friends and don't really read their flist at all. At around 250 friends and communities, I fall in the middle, yet my system is flawed. Each day I'm presented with 120 to 150 new posts. It's really too much, and at best I'm only able to comment on a dozen or so. Even then the LJ time commitment is likely out of balance with other priorities in my real life. Then, of great concern, is the possibility of missing an important post from one of my inner circle of friends---yesterday I went a hundred posts deep before I saw that one of my closest real life friends is in the hospital and extremely ill. It worries me that I might miss posts like that. I could go back to a reading filter with my top twenty favorites (yes, of course you'd be on it), yet I don't want to miss anybody. I also loathe cutting folks. I might trim off some communities... Anyway, I really appreciate you, and if I don't comment on your posts enough to suit you please know my heart is there with you even though the logistics of my LJ style sometimes prevents me from telling you how I feel. |
|
