Mediation Instead of Trial

Sometimes you just want to settle a conflict.  Even if it costs you more money, sometimes it may be worth it to you personally, professionally, emotionally, or with the right set of circumstances to have a matter settled.  A Mediation rather than a Trial may be able to bring you that. In Mediation, you control the crash.  In Mediation, you do not get as much of a winner and a loser, but you do get to settle the matter.  Depending on your circumstances and your goals, Mediation may be the right thing for you. A trial is going to result in a winner and a loser, and a judge is going to decide which is which.  In Mediation, however, you have the opportunity to sit down with the other side and hammer out a deal.  Then once the deal is made, it is made, and you have settled the issue.  It gives both sides more control over the outcome. There are a number of civil law matters where Mediation can be used, such as divorce and consumer debt defense.  Seek competent legal counsel to determine if Mediation is an option in your case, and if it would be beneficial to […] Read More

Inherent Prejudice

In 1692 the City of St. Augustine turned 127 years old as a continuously occupied settlement of European and African origin.  Meanwhile in Massachusetts, fourteen women, five men, and two dogs were executed for witchcraft in what would become known as the Salem Witch Trials. Inherent prejudice of the legal system exists where you are going to have a trial, but you are going to hang the accused no matter what the outcome of the trial is.  If all you are doing is going through the motions for due process, then that is a problem. When the judicial system works like it is supposed to, everybody follows the same rules, there is a fair chance for both sides to be heard, and a decision is made.  I have had great trials and lost.  On the other hand, inherent prejudice can leave people singed…if not fully barbequed.   Read More

Mediation Instead of Trial

In Mediation, you do not get as much of a winner and a loser, but you do get to settle the matter.  Depending on your circumstances and your goals, Mediation may be the right thing for you. A trial is going to result in a winner and a loser, and a judge is going to decide which is which.  In Mediation, however, you have the opportunity to sit down with the other side and hammer out a deal.  Then once the deal is made, it is made, and you have settled the issue.  It gives both sides more control over the outcome. There are a number of civil law matters where Mediation can be used, such as divorce.  Seek competent legal counsel to determine if Mediation is an option in your case, and if it would be beneficial to you.   Read More

Pay No Attention to the Man Behind the Curtain – Jury Duty

Never mind about me; look at the merits of the case—that is the admonition to the jury.  It does not matter whether my hair is crooked and my jacket smells of milk, do not base your decision on me or any other attorney in a court case; instead, think about what was presented in the trial.  Base your verdict on the evidence and on the judge’s instruction as to the law. Listen to every question and every answer.  Do not decide anything about my client based on how good my tie looks.  You are not in Kansas anymore; you are in the jury box and your job is to be impartial.  The integrity of my shirt collar should not sway your opinion of my client. There is no wizard in justice…there is you.  As a juror, you decide.  Use your brains, your heart, and your courage to weigh the evidence and to bring a peer to justice.  Thank you for serving. Read More