gdp's Comments

Diane Dimond : Lawsuits Don't Have to be So Painful

Thu, 21 Jan 2010 22:32:31 +0000

Thanks for the extra enlightenment, Mr. Levin. I'm always for thinking out side the box and I'm proud my home state of New Mexico is such a leader in this field. Thanks for taking the time to write! ~DD

Diane Dimond : Lawsuits Don't Have to be So Painful

Thu, 21 Jan 2010 22:30:45 +0000

ABQ Journal Reader David Levin writes: "Congratulations on a clear, thoughtful piece on Collaborative Law! There is a true need for the public to learn of alternatives to the traditional legal method of dispute resolution. You have made a significant contribution to New Mexico. I would like to discuss "mediation," a term which covers many different processes and styles. One style, which one could call litigation mediation, is practiced mainly by lawyers and emphasizes shuttle diplomacy. This style does fit some circumstances. Another style which is more commonly taught is more facilitative, and emphasizes joint sessions with occasional individual sessions. Mediation can also bring in experts with subject matter knowledge. Mediation is not always "cumbersome" or designed to separate people. There are other styles. We need to support all forms of ADR (Alternative Methods of Dispute Resolution). There are cases where traditional litigation is appropriate and needed. There are even more cases where an appropriate form of ADR would be helpful. We need to help people become informed about all ADR methods. We need to support people making thoughtful decisions about which method fits for them. A tenet of ADR is informed and fair self determination. A first decision needs to be about which process to use, from traditional litigation through the spectrum of ADR. New Mexico has been a ADR leader and an innovator. ADR is not a static field. New methods and best practices are constantly emerging, such as Collaborative Law among others. There is an on-going public need for more information. Your article helps legitimize an exciting ADR development, Collaborative Law. Bravo! I look forward to reading your pieces. If I may be of any assistance, please let me know. Thank you. David Levin Director, Court Alternatives Second Judicial District Court State of New Mexico Co-Chair, ADR Committee State Bar of New Mexico

Diane Dimond : Lawsuits Don't Have to be So Painful

Tue, 19 Jan 2010 18:18:25 +0000

"Thanks, Marsha! You've added great information to my restrictive 800 words or less format. I'm with you in hoping we really have evolved as a culture and are at a time when more and more people are ready to TALK about resolving disputes!"

Diane Dimond : Lawsuits Don't Have to be So Painful

Tue, 19 Jan 2010 18:17:39 +0000

Reader Marsha Lichtenstein writes: "Thanks for letting everyone know that among attorneys there is a growing interest in collaboration. It is a signal that we as a culture are ready for more dialogue in resolving disputes and less polarization (us versus them) and hostile confrontation. I am a professional mediator and would like to correct your description of what mediators do and who are the mediators. First mediation is not a cumbersome process. It is much simpler than any other conflict resolution process including any process that involves using lawyers. Secondly, the cost is almost always lower because mediators charge less than lawyers charge (with the exception of lawyer mediators) and usually work solo. Thirdly, many lawyers have not been trained in mediation but feel they have they can advertise themselves as mediators because they have had many opportunities to negotiate with other attorneys. Attorneys who think they can mediate may be trying to adapt their adversarial skills to a collaborative model without ever having been trained in mediation, so what you are getting is a kind of mixed model, hit or miss approach. Next, you are correct that many mediators are not lawyers. Since law has typically been an adversarial process, people that want to go into the field of mediation are different from the type of people that have been attracted to a career in law. We are generally interested in building relationships, creating dialog, and helping parties resolve disputes in ways that ensure everyone has some degree of satisfaction with the outcome (that is, we don’t share the ‘win/lose’ mentality of most lawyers). When I meet a lawyer who has become a mediator, that is, taken sufficient basic and advanced training to call himself a mediator…wow, that is a special person who has been able to grow beyond the socialization experiences of law school education. While a handful of mediators may use “shuttle diplomacy”, where parties are in different rooms while the mediator travels back and forth, the predominant mediation model puts all the parties in the same room in order to reach agreement. Mediation is an alternative dispute resolution (ADR) process. ADR includes mediation, negotiation, settlement conference, early neutral evaluation, arbitration, and several hybrids. Mediation is the ADR process which allows parties the greatest amount of control over outcomes. What differentiates mediation from other forms of alternative dispute resolution is its “best practice” of party self-determination, the practice of supporting parties to make voluntary, non-coerced decisions. And by the way, mediators may also have a team of experts: financial advisers, attorneys, real estate appraisers, accountants, and any other type of expertise needed to successfully resolve a dispute. Most mediators are process specialists although some are both, content and process experts. For example, I am a family mediator and in addition to my professional training in mediation, I have a background in family systems, adolescent development, family substance abuse, child abuse and neglect, etc. The Association of Conflict Resolution is a major professional organization for mediators. You can find a lot of information at that site (http://www.acrnet.org/). "

Diane Dimond : Lawsuits Don't Have to be So Painful

Tue, 19 Jan 2010 07:34:38 +0000

Facebook Friend Michelle Bart writes: "Wow, should have seen this 2 years ago...Arbitration almost 2 years stinks. Thanks for the information, Diane"

Diane Dimond : Lawsuits Don't Have to be So Painful

Tue, 19 Jan 2010 07:33:49 +0000

Facebook Friend Karen Van Vactor writes: " Like it!"

Diane Dimond : Lawsuits Don't Have to be So Painful

Tue, 19 Jan 2010 07:33:07 +0000

Facebook Friend Gabriel Dayan writes: " It makes perfect sense. Lawyers who appear to be at each others throats in the courtroom are often the best of friends outside that environment. Also, a typical long threatening letter full of strong legal points will often conclude with: "With warmest regards, I do remain, yours very truly and sincerely."

Diane Dimond : Lawsuits Don't Have to be So Painful

Tue, 19 Jan 2010 07:32:22 +0000

Facebook Friend Andrea Mikulin Winters Kalbfleisch writes: " What a novel approach to law - constructive instead of destructive!"

Diane Dimond : Lawsuits Don't Have to be So Painful

Mon, 18 Jan 2010 18:16:26 +0000

The man I quoted in the story, Lee Jay Berman, who runs a big mediation concern in LA is not a lawyer. He informs me that many mediators are not - that its two different skill sets. I guess the point here is that those clients who seek out Collaborative Law lawyers are already in a mindset of non-confrontational problem solving. I wonder what would happen, Lady Litigator, if you took out a yellow pages ad touting your training in Colllaborative Law? I wonder if you'd attract less ego-driven clientele?

Diane Dimond : Lawsuits Don't Have to be So Painful

Mon, 18 Jan 2010 15:07:02 +0000

Lady Litigator - absolutely right! But we lay people take our cues from the "legal beagles" don't we? To me collaborative law is different than "plain" mediation because the facilitator sitting at the table KNOWS THE LAW - PRACTICES LAW and knows the best, fastest way to settle something so that all parties are protected. Mediators, as necessary and good as they are, are only looking for the compromise points. I think collaborative law practice interests me because its a paradigm shift in thinking - not just for the warring parties but for the lawyers too. I'm always for finding a new way to accomplish something. And you have to admit, Lady Litigator, that our legal system could use a boot in the butt in several different areas - from legal services to court systems to the prosecutor's office - oh, don't get me started!

Diane Dimond : Lawsuits Don't Have to be So Painful

Mon, 18 Jan 2010 05:46:47 +0000

ABQ Journal Reader Gretchen Walther writes: "I want to write you a quick note to thank you for the wonderful Op-Ed piece you did on Collaborative Practice on Saturday January 16, 2010. I am one of the founders of the movement in New Mexico and since 2001, I and my fellow collaborative lawyers have been doing all we can to get the concept of Collaborative Practice out to legal consumers. Your Op –Ed piece helps immensely with that. One of the primary reasons divorce lawyers like doing collaborative divorce is because it is such a client centered process. It feels good to us to be using our time and energy to fashion productive results that concentrate on the ongoing nature of the family relationship once the divorce is over. We feel productive instead of destructive and it is very rewarding. Your article does a great job of explaining the client centered approach. We collaborative lawyers believe that every lawyer should enter a case with the concept of the client’s long term relationships and goals. When we lawyers close our files and put them in storage, we need to remember that these families need to go on existing together for years to come. It is not fair or reasonable for us to create much destruction in a case and then wipe our hands of it while these families have to go on dealing with each other. It is presumptuous for a legal professional to have such a profound effect on a family with no regard for the outcome. With the collaborative movement, more lawyers are embracing this concept. This in itself is significant progress for the legal profession. Thank you so much for spreading the word about Collaborative Practice.

Diane Dimond : America's Wrong Reaction To Terror

Thu, 14 Jan 2010 18:20:15 +0000

DD Web Site Reader writes: "Excellent article "US Must Think Outside the TSA Box". Another item that you might want to consider, we (the US Scientific Community) is really doing a HUGE dis-service by providing the terrorists with all the reasons why the latest attempt failed (in New Mexico recently, a Vice President of Research at New Mexico Tech explains why the latest explosive did not work?, other experts publish articles why a dirty bomb is not a big deal). So in effect we are helping the terrorists hone their skills and approaches!!!!! by pointing out what they did wrong or what they could do wrong. Do not tell them why an attempt failed."

Diane Dimond : A Word About Sources ...

Tue, 12 Jan 2010 04:11:38 +0000

First, money in their pocket - and second (most important to them) its publicity - to keep the Jackson name relevant.

Diane Dimond : Good Crime Stat News For A Change!

Tue, 12 Jan 2010 04:09:41 +0000

John - I'd REALLY like more information on this - where do you suggest I look? thanks for writing! And thank you, officer, for your service to the community! ~ DD

Diane Dimond : Good Crime Stat News For A Change!

Tue, 12 Jan 2010 04:00:40 +0000

Officer John, I'd love more information on this. Can you help? ~ DD ps - thanks for your service!

Diane Dimond : Good Crime Stat News For A Change!

Tue, 12 Jan 2010 04:00:05 +0000

Facebook Friend (and police officer) John Underhill writes: " Have you seen how they do the new stats. Well I have - they have made some crimes into different categories which lowers the stats. I bet this has not been looked at. New Crime Analyst changed the reporting structure a few years ago, don't let them fool you too.

Diane Dimond : Good Crime Stat News For A Change!

Tue, 12 Jan 2010 03:56:34 +0000

Facebook Friend Sean Bagley writes: "I don't think police are paid ridiculous salaries. This is my opinion, and there are NO law enforcement officers of any kind in my family or my life: If I had a job where every car I approached could have a myriad of charachters inside, with guns, you would have to pay me in the HIGH six-figures, base salary, in addition to a full pension for the rest of my life. Whether it's a dark car on a dark street, or a home or apartment wherein there's a domestic dispute raging, you could not pay me enough money to be a law enforcement officer these days--- they risk their lives every minute of every day they're on the job."

Diane Dimond : Good Crime Stat News For A Change!

Mon, 11 Jan 2010 15:48:53 +0000

Rick - . Not sure "police manpower is at record highs" - I know it certainly isn't in my little town. But there is no denying that Peace officers are now engaged in lots of revenue collecting - and that's too bad, in my opinion. That's NOT what they take an oath to do! ~ DD

Diane Dimond : Good Crime Stat News For A Change!

Mon, 11 Jan 2010 15:47:06 +0000

Facebook Friend Rick Shaftan writes: "The real question is with declining crime rates, what are all these cops doing -- since police manpower is at record highs? The answer: cops don't fight crime anymore. They're now tax collectors for the welfare state. A patrolman is no longer a friend you need when you are in trouble, he's a revenue agent looking to nickel and dime you for being... See More 6 over the limit, having a light out or talking on your cell phone. None of this has anything to do with safety and everything with paying ridiculously inflated police salaries, benefits and pensions. Towns are told that new cops "pay for themselves" with the revenue they bring in -- and that revenue comes from who? "The other guy"?? When you're in the next town, you're the "other guy."

Diane Dimond : Good Crime Stat News For A Change!

Mon, 11 Jan 2010 15:45:53 +0000

Facebook Friend Danielle Richardson writes: " I am thankful every time I see a cop pull somebody over. I'm glad for the tickets that people receive for talking on their phone, texting or speeding. These are for safety. Have you seen how many deaths are caused everyday for people not paying attention when they are driving? They need to enforce these laws even more. Thank you officers for doing all you can. I appreciate it!!!