Disclaimer and Notice

THIS BLOG SITE IS INTENDED AND DESIGNED FOR INFORMATION PURPOSES ONLY, AND DOES NOT CONSTITUTE EITHER LEGAL ADVICE OR THE FORMATION OF AN ATTORNEY-CLIENT RELATIONSHIP.

Wednesday, August 31, 2011

Great Quotes on Writing from the Writing Greats

I am an arbitrator, mediator, fact-finder and ALJ/hearing examiner in New Mexico, and I spend a sizable portion of my work day writing.  It is both a labor of love, and a difficult task which I sometimes dread and with which I always struggle. That is because, although I love writing "right"--meaning I love the feeling of accomplishment and pride of looking upon a well turned out produce--it is hard work getting there.  Perhaps many of you feel the same.  Haven't you had the feeling where you're completely, psychically "done" after your outline, after figuring out where you need/want to go and how to get there? Unfortunately, our work is only begun at that point.  

On the positive side, however, the literary greats are all in general agreement that it is a difficult task, even for them.  As Mark Twain observed, "[t]he supreme function of language is to convey ideas and emotions."  Four characteristics necessary to meet this function

Wednesday, August 24, 2011

The Three Rs of an ALJ--The Record, the 'Rriting, and the Remedy

In administrative law, there are three basic points of focus for the Administrative Law Judge (ALJ) or hearing official to consider, in fulfilling his or her role of conducting a hearing and rendering a decision.  I'll call these "the Three Rs:"  the Record, the "'Riting" and the Remedy.

In conducting the hearing, the ALJ must consider the extent and nature of the record to be made.  In issuing his or her decision (or recommendations) the ALJ must consider the relevant standard and audience of the written decision, and what is the appropriate remedy in a given case.  In many cases, these considerations will depend on the relevant law, or the culture or practice within the agency.  The following also addresses a number of additional questions that will frequently arise in creating the record, writing the award or crafting a remedy. 

Monday, August 15, 2011

ADR Terms, Theories and Concepts - A Quick Primer

The field of Alternative Dispute Resolution (ADR), which has grown dramatically in the last several decades, can be a rather crowded and confusing one. It is marked by a dizzying array of terms and theories, and styles and techniques, all hotly debated as to both their specific meaning and their relative value or "authenticity." Moreover, even when practitioners discuss and debate ADR issues amongst themselves they are not always clear on the definitions or theories they are relying on. Accordingly, clients and new mediators may be well served by the following "basic primer" of terminology and theory, laid out in alphabetic order.