"lawyer-mediator" vs. "non-lawyer-mediator"

The following blurb is an excerpt from a linkedin discussion board within the group "ABA Section of Dispute Resolution" -- I, Cody Hayes am the author of this excerpt --

Lawyer vs. Non-lawyer is an age-old credibility battle and in at least some ways (in the dispute resolution context) an age-old pissing contest too. Here's what I mean: Like Gary Devine said when he started this topic, the litigation process is the default pathway people take when they are unable to resolve a (legal) dispute using their best efforts. This next sentence is over-simplified: Lawyers are the folks (and have always been the folks) who formally help people through the litigation process (of course modern lawyers use non-litigation tactics too -- negotiation, mediation, etc. AND there are other non-lawyers; document preparers for example who help, but let's just leave that be for now). Lawyers for that reason have specialized knowledge related to the legal field and substantive areas of law which apply in many disputes -- compared with non-lawyers. Lawyers are also bound by certain ethical rules concerning participation with non-lawyers in business (think other professionals, like CPA's etc.). Though these rules don't necessarily apply directly to our discussion here, they do help to form the foundation for the "bright line" between lawyer and non-lawyer and in some ways the divide & animosity. Bottom line with the first paragraph here is that Litigation is the default, and Lawyers are the default too.

Now, concerning the dispute resolution context:
As advocates, Lawyers have a great professional background to draw from to help people resolve disputes. Lawyers will be advocating, not for one side or the other, but will be advocating for the parties to agree. Non-Lawyers have a whole different set of skills, some of which are inherent to the individual's personality and can not be taught in law school, can not be learned in legal practice, and can not even be learned through "years of experience" mediating. In fact, lots of different kinds of people make great mediators: mothers, managers, fathers, grandparents, aunts, uncles, best friends etc.

Not all disputes are legal disputes. Some are interpersonal, some revolve around simple miscommunication, some exist only because of tradition where the reasons for the dispute have long since evaporated, and the list goes on and on.

So, the moral I see is that as mediators in the ABA Section of Dispute Resolution in pursuit of resolving disputes within our communities, we should strive to be less like "lawyer-mediator" vs. "non-lawyer mediator" and more like "lawyer-mediator" with "non-lawyer mediator".

On-a-side-note: I love the concept of bringing both parties with their respective attorneys into mediation -- having representation in mediation can make for a more confident process. I look forward to exploring this in practice in the near future~

Inspiration

"I want to be thoroughly used up when I die, for the harder I work the more I live. I rejoice in life for its own sake."

-George Bernard Shaw

This kind of quote puts hard work, like law school, in a whole new perspective! In the moment, hard work seems painful but might not seem valuable... Look ahead; you are making an investment in your whole life which can not be taken from you. The harder you attack it now, the more of a payoff you get in the future. Attack~! :-D

T-mobile doesn't want you to tether your Samsung Vibrant

First, I read the article and comments here: http://samsungvibranthacks.com/samsung-vibrant-hacks/how-to-usb-tether-your-samsung-vibrant/

I tried following directions, but tethering only works on the older version of the kies software; see below:

I am having the EXACT SAME PROBLEM as many users. I'm trying to tether my laptop to my Samsung Vibrant using Samsung Kies version Kies_1.5.3.10093_82 and Android version 2.1 update-1: I'm beginning to believe that T-mobile doesn't want us to use our phones to connect to the internet... They'd rather sell us a T-mobile Broadband card.

T-mobile, I paid top dollar for this phone, I expect it to be fully functional!!!

Guess What: I just installed an older version of Samsung Kies; version: Kies_1.5.1.10071_32 and My phone hooked right up (after I applied the connection properties etc.) Looks like that version can be downloaded from this site:http://www.4shared.com/file/cSreYUQN/Kies_15110071_32.html (I do not guarantee this download. Download at your own risk. I did not download the version from this source, just did a google search to find it.)

If you need to reach me with questions, please visit: http://www.codyhayes.com

Google Apps Migration for Microsoft Outlook® works with gmail accounts!

My name is Cody Hayes, and if you're making it to my blog for the first time, you might not know that I'm an avid fan of Google products and services! At Mortgage Advisory Services, among other things, I work with individuals and companies (including independent loan officers and mortgage companies) to help them take advantage of amazing tools, just like Google Apps.

Google Apps is a great tool for business owners to administer e-mail, cut down on spam, and collaborate within their organization.

For those of you who are not business owners, but have recently purchased an android phone (T-Mobile G1™ with Google™, Motorola CLIQ™, T-Mobile® myTouch™ 3G, T-Mobile® myTouch™ 3G Slide, Samsung Behold® II, Verizon's Motorola Droid, or any other Android phone) you may have a need to export your data from Microsoft Outlook to your new Google Account (gmail, Google Calendar, Contacts etc.). For you folks, you will be happy to know that the Google Apps Migration for Microsoft Outlook® works with gmail accounts!

Do you know what this means for Android Users!!!

This is a link to download the migration tool: http://ow.ly/1VpMN

These are the instructions I followed when using the migration tool.

1. Download the tool and install on the computer which runs outlook: (http://ow.ly/1VpMN)
2. when the tool runs it will allow you to sign into g-mail, then select either a outlook profile, or specific PST file to migrate.
3. then the tool will ask which data you want to migrate. Choose from contacts, calendar, or e-mail. (I chose to do the migration for contacts only because I didn't want the conversion to take FOREVER), and I'm not sure If I want to catalog 6 GIGS of e-mail to my g-mail account.
4. Then press the migrate/start button and the software will migrate your data. PS - I was migrating non-microsoft exchange data.
5. There is a separate tool for syncing your calendar between Outlook/Google Calendar which essentially performs the calender portion of the migration, plus sync's your calendar data on an ongoing basis (Here's the link for the calendar sync:http://www.google.com/support/calendar/bin/answer.py?hl=en&answer=98563)

If you need assistance with this tool reach me at 602-373-8485 and I can answer some basic questions for you.

Cody Hayes, President

Mortgage Advisory Services

http://www.ismyloanfair.com

602-373-8485

A bad day for kitty cats

July 19 2008... Sean and I went to look for dogs at the Animal shelter.
We saw this sign on the door. Just after we noticed the sign, a family walked in with a cat.
When they came out, No cat.

Maybe the family couldn't read? Maybe they could!

Late at night studying contracts

Well, its late at night and I'm studying contracts. It is slow going.

Criminal Law Final - coming up!

Criminal law midterm is in the next two hours...

While I know the material, I am worried about my organization of the information in an essay.

Can't write more now, but wanted to chart the event and my level of anxiety 0-10 scale, anxiety level is 7.5 - Gotta calm it down...

Reviewing notes... gotta go!