Vote, vote, vote!

On Tuesday, Nov 4 the polls will open for our votes and although I am sure most of you already know for whom you will cast your vote, what is not clear, are all those propositions.

In California there are quite a few important issues for us to consider, but the problem is that the media and everyone else for that matter is influencing our decisions. Let us take Prop 8, the proposition against gay marriage. So far all we heard is that it really is not about the marriage factor, but more of a factor of our children's education and whether or not this subject will be thought in school. I have listened to all the pros and cons from all major networks, read newspapers, magazines and the official voting guides and now I am as confused as ever. There is probably and exact 50% pro as there is con and the worst part is that everyone takes excerpts from the Prop, but no one gives you the who written proposition to consider. So how does one remain relatively neutral in their decision and what are the actual facts?

Educating your self on the decisions you are going to make this November is an important part of our right to vote, the problem is that the lawmakers do not particularly want us to be overly informed; however, we the people do mind the low amount of info. So unfortunately, the only way to get to the facts is to dig for them and have the desire to do so.

I guess the point of this blog is simple. Make the best damn decision you are going to make, but no matter what you do, be sure to vote.

Halloween might not be the scariest thing this October.

This October, while all the kids will be going trick or treating, the adults will wonder just how much of their candy purchases should they put on the already full credit card. The scariest part about this holiday is that the fun must go on, but someone will have to pay.

In the past few weeks I actually heard consumers telling me that they cannot settle with their creditors because they must spend money on Halloween celebration. I cannot seem but to wonder, if this is what's happening in October, just what kind of a holiday season do we have to look forward to November and December?

Couple of days ago when mediating a Discover Bank case for over $19,000 I discovered that the creditors also use the same excuse. They did not want to cut the costs due to the approaching holiday, citing the need for more cash flow due to the exponential loss of settlement. Don't even ask about stipulated judgments, apperently no one trust each other anymore - period.

So, boo! And I hope your Halloween goes debt free.

Georgia, Russia and Bush

It isn't often that I agree with president George Bush, but after hearing his short speech regarding the escalating situation in Georgia and a suggestion for an international mediation, I was impressed.

"...President Bush on Monday demanded that Russia end a 'dramatic and brutal escalation' of violence in Georgia, agree to an immediate cease-fire and accept international mediation to end the crisis in the former Soviet republic. "

I must say, however, that I do not envy the mediator who will take on this daunting task. Of course, the other questions is whether Russia and Georgia will accept this "voluntary" and non-adversarial process of dispute resolution.

FresnoBee.com: California: Federal mediator to help resolve tribal dispute

FresnoBee.com: California: Federal mediator to help resolve tribal dispute: "A federal mediator has been asked to resolve a San Pasqual Band of Mission Indians tribal membership dispute.

The lineage of about 80 tribal members is at stake.

Tribal Chairman Allen Lawson wrote the Bureau of Indian Affairs asking for mediation services to resolve feuding factions in the tribe, which operates the Valley View Casino in the Valley Center area.

The bureau says tribal management of the casino operations are subject to federal intervention if stability doesn't return to the five-member San Pasqual governing council.
Information from: North County Times, http://www.nctimes.com"

I thought mediation is...

It seem s that everyday someone will have somehow misunderstand as to what mediation really is. Day in and day out I have to come up with a easier to understand layman's term, which with every revision gets dumber and dumber.

People seem to think that mediators are their to serve as a debt negotiator - no matter the case. Every time I get into heated negotiations over a debt, for instance, and a client will say, "Well, I thought mediation is when you get me a much better deal." They seem to forget that mediating a litigated case means helping them settle outside of the courtroom. This, in turn, forces me to tell both sides to consider the alternatives and realize what it will cost (since that's the only thing that matter to them) if they do not settle. Garnishments, liens or levies mean nothing; all they care about is how big of a reduction can you get me.

People, I am telling you right now. You have to look at the big picture. This is why as human beings we can see in 3D, so that every aspect of a problem is very clear to us. You should start thinking in 3D as well. And remember, we are here to help you; not to get you off scot free.

For more information, please visit: What to Expect from Mediation?

The Good, The Bad and The Debt.

Over the past few months I spent a good amount of my mediation time concentrating on settling collection cases. These cases varied from simple credit card companies trying to collect from their debtors to complex B2B cases and everything in between. This is a short summary of my observations:

The Good
People and companies are extremely receptive to settling their cases without resorting to the adversarial alternative of going to court.

The Bad
The economical state of our nation has degraded to a point where individuals in debt are unable to come up with the funds necessary for settlement; regardless of the terms of the settlements, such as a structured payment plan or a lump-sum resolution.

The Debt
The Catch 22 becomes that individuals which are unable to settle will have their wages garnished due to a judgment granted against them, thus having many of these consumers loose their homes, etc. These conditions force individuals to choose the lesser of two evils and in turn having to have to borrow money from third-party sources in order to keep their salaries and settle their lawsuits. Of course, doing so, gets them deeper into debt.

Solution?
...open to comments.

American Airlines, flight dispatchers to seek mediator | Dallas Morning News | News for Dallas, Texas | Dallas Business News

American Airlines, flight dispatchers to seek mediator

09:50 PM CDT on Thursday, July 24, 2008By TERRY MAXON / The Dallas Morning News
tmaxon@dallasnews.com

American Airlines Inc. and the union representing its flight dispatchers have agreed to jointly ask the National Mediation Board to become involved in their talks.

American and the Transport Workers Union plan to submit their request for a federal mediator today, American said Thursday.

'The company believes that the NMB's assistance with the dispatcher workgroup will be valuable, and we look forward to their guidance as we move into formal mediation,' American said in a hotline message.
The two sides began talks on a new contract in June 2006.

The board currently has mediator Mike Tosi involved in talks between American and its pilots' union, the Allied Pilots Association."