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April 3, 2020 /in ADR, Alternative Dispute Resolution, Articles, Conflict Resolution, Mediation /by AB CRS
This article originally appeared in Trial Talk February/March 2020 Volume 69 Issue 2 edition. Reproduced by permission. ©2020 Trial Talk. All rights reserved. Modified from its original publication in Trial Talk.
By Joe Epstein and Chad Atkins
Colorado Judicial Department Statistics indicate that 99%of civil district and county court cases settle before a trial or final hearing.¹ Many cases settle at mediation and many more settle due to the forces created at mediation. For those cases that do not settle at mediation, United States Department of Justice studies conclude that mediation was a significant factor in resolving some or all significant issues in 71% of all United States Department of Litigation mediated cases nationwide.² Based upon our wide and deep experience in evaluating and mediating cases we offer questions for you to answer in enhancing your mediation practice.
This article is designed to help to encourage attorneys to design and time their mediations to have the greatest possible effect in their case management. Decisions made to use treating physicians as experts, engage independent causation/damage experts, engage personal injury finance companies or not are some of the keys to pre-mediation preparation.
What follows are some questions we have framed for your consideration for successful mediations.
What is the role of creativity in mediation?
Mediation should be a creative process for case resolution. An example of creativity was a case involving a fixed wing aircraft/helicopter crash we recently mediated. The Subrogation Plaintiff did a marvelous recreation of the crash. They displayed it to us Co-Mediators at mediation. We called a joint session so it could be played to the Defendant/Cross Claimant. When an impasse developed, we persuaded the Intervenor/Helicopter pilot to bid against himself to get the personal injury case into a realistic settlement range. After both of these creative moves occurred, both cases settled.
Another example of creativity was displayed in a pre-litigation catastrophic injury case mediation involving a trucking accident. Plaintiff's counsel had disclosed all available medical records and reports. Yet there was still a gap relating to the current status of Plaintiff's medical and emotional status. A "meet and greet on steroids" was arranged and the Plaintiff and her sister were interviewed for 45 minutes in open session by the mediator. Given the new information and the manner in which it was conveyed the case rapidly moved to settlement.
When should litigators alert the mediator about special issues?
All parties should alert the mediator to special issues when setting their case for mediation. Special issues include client control issues, difficulty with opposing counsel, coverage issues, lien issues, subrogation, indemnification, additional parties or non-parties to the case, any complication. Addressing these issues pre-mediation through calls with the mediator or an in-person meeting saves time at mediation. In some instances, a site visit or house call may also be necessary.
Pre-mediation meetings are especially useful in high valuation cases. They should always occur where the value exceeds one million dollars.
When should you consider using co-mediators?
Co-mediation is a good idea when you have multi-level litigation. Co-mediators are better with multiple parties possessing differing interests, or where there are counter and cross claims. Co-mediators often possess different, complimentary skill sets. Co-mediators can more effectively manage multiple plaintiffs with inadequate coverage. Co-mediators are also useful where there are multiple insurers. Often, this leads to questions as to which policy is primary and the order of liability, or coverage. Additionally, co-mediation is useful where there are subrogation, indemnity and reservation of rights issues.
What is "Data Dumping" and when is it good, when is it bad?
Data dumping occurs when a litigant discloses irrelevant material and late material. This most often occurs with the documents supporting the mediation statement and with late disclosures on the day of mediation itself.
Limited, relevant and focused attachments that clarify the position advocated are the key to effective mediation statements. Provide the mediator with needle—not the haystack. The needle is the point you want driven home. This helps the mediator appreciate the risks faced by both the plaintiff and defendant. Providing new information of the day of mediation is missed opportunity because the full impact of the disclosure cannot be appreciated and acted upon with sufficient time by opposing counselor decision makers. The mediator cannot be effective in the other room unless the risks are known, well developed and fully considered.
Data dumping is good in pre-litigation and in the early phase of litigation, when the Rule 26 dis closures are being made. Give the other side what they need to see the case the way you see the case. In pre-litigation, the adjuster needs the information to evaluate the risk with enough time to act, set reserves and value the case.
When should you disclose your "good" evidence?
Disclose your best evidence early, before mediation. New information disclosed at mediation usually is lost opportunity. If disclosed at mediation no one can effectively evaluate the information for maximum impact on value. Good evidence creates risk of loss at trial. Evidence which creates risk is most effective when disclosed timely, giving the participants time appreciate the risk, act and reevaluate the case. Disclose good evidence with enough time that opposing counsel and decision makers can act with authority.
When should the initial demand be made?
Demands should be made by Plaintiffs 30 days in advance of most mediations. This requires that there is a disclosure of relevant data and a demand made timely. Make the demand a risk factor in case evaluation for your opponent. Where the demand is made prior to mediation, let the Mediator know the status of negotiations. It is helpful to let the Mediator know your impression of the interests and issues that have prevented reaching agreement. A good axiom is the greater the demand, the greater the time required to evaluate, process, and act on it.
What questions should I ask myself when drafting an effective mediation statement?
The four key questions are: 1) who are my witnesses and what will they testify to at trial; 2) what are the key exhibits and what do they prove; 3) what is the credibility factor matchup between the various plain tiff and defendant witnesses; and 4) what is the negotiation history between the participants? Each of these questions focuses your preparation toward effective communication of your client's position to your intended audience in a concise and persuasive manner. Answering and addressing these questions is the core of your effective mediation statement.
What should be included in the mediation statement?
Less is not necessarily more, but concise, focused mediation statements that communicate better are more. Bigger cases have better, more concise mediation statements. This is likely because concise, focused statements are harder to write, and many litigants spend more time writing the mediation statement in bigger cases.
Most mediation statements are a chronological statement of medical treatment, and many documents that are related to the case, but not relevant to any issue in dispute. If a matter is not in dispute at mediation, spending much time on it is wasted time.
What are the key questions that you should ask yourself when preparing to mediate?
What is the comparative strength between the parties of causation? It may be helpful to express the answer as a percentage. What is the comparative strength and credibility of the key witnesses and the evidence that each of these witnesses will develop for the litigator? Often, this is a subjective analysis. Do not let that stop you from conducting the analysis and answering the question. What conclusion does the application of common sense point the finder of fact towards? Design a model jury pool that best represents the actual jury pool. Answer these three questions for any disputed issues for yourself, your opponent and for the mediator.
When should the case be set for mediation?
Settings for mediation conferences should be done at least 45 days in advance of the mediation. For maximum effectiveness, prepare the mediation statement and conduct mediation after expert disclosures but before expert depositions. Conducting mediation far enough in advance of trial saves transactional costs.
Consider mediation pre-litigation. This works better if counsel can exchange information freely, and in this instance more is better. Give the other side the information that they need to evaluate the case as you evaluate it. Expect resistance but explain that the mediation will flow faster and have better chance of settling if there are no surprises.
Should you share a version of your mediation statement with opposing counsel?
Sharing a version of your mediation statement is a preferred practice. Sharing a version of your mediation statement avoids surprise and maximizes impact. Sharing a version of your mediation statement avoids "unrealistic expectations" or overly favorable evaluation on all sides. Sharing gives the opposing decision maker the information necessary to effectively evaluate and settle the case.
Should you obtain a draft release in advance of mediation?
Defense should provide a draft release ten days prior to mediation. Plaintiffs should make proposed changes in the Defendant's release three days before the mediation This enables the mediator to anticipate any issues and also to speed finalization of the settlement. Any issues with the final documents are apparent, open, clearly negotiated. More importantly, this allows focus on the terms that really matter, and avoids terms which are added without negotiation. Having the documents ahead of time avoids this needless and time-consuming impasse.
How can you create risk before and at mediation?
Evaluating and managing risk is the key to resolving legal disputes. As a result, creating risk before the mediation is effective. Taking depositions, visiting sites, reviewing reports, gathering evidence, working with experts all create risk. Good, well timed motions help create risk. Expert Reports help create risk. Outlining and evaluating all of the damage categories in detail help create risk. Concisely state in the mediation statement why your evidence creates risk of an adverse result for the other side at trial. State why the other side has a weaker position. Support these positions with relevant documents. Tell the mediator what the jury will see at trial that will make them find in your favor.
What do you want to get from mediation?
The point of mediation is to settle cases efficiently and cost effectively for maximum value for your side. At mediation, the goal is to close the best deal that you can. Mediation is the best opportunity to craft a certain and final settlement by the parties who know the case best and not leave it to the uncertain ruling of six jurors and an alternate.
Be patient at mediation and let the process work. Rome was not built in a day, and the Roman Empire did not fall overnight. Prepare your client to be patient well before mediation. Impatient clients reduce risk for the other side and are a liability for your search for settlement. Leaving before finding out your opponent's best number demonstrates a lack of patience and renders the process ineffective.
As Counsel sets up the case file, there is a folder for opening and closing statements. Similarly, there should be a file for mediation. In the mediation file, answer the questions: what is the status of liability, causation and damages? Which party has causation, credibility and common sense on their side? Who are the key trial witnesses and what will they say? What are the key exhibits, and what do these prove? Answer these questions and help the mediator and your opponent understand the case as you do, to find the right settlement value.
Joe Epstein has 25 years as a mediator with over 4000 mediations. He is a four-time selection by Colorado Law Week as Colorado's "Barrister's Best Mediator." He has served as a Vice-President on the International Academy of Mediators. He is a member of the National Academy of Distinguished Neutrals. He is a panelist with AB Conflict Resolution Services. His mediation focus is on complex high value cases. Joe may be reached at 303-359-1459 or joe@crs-adr.com.
Chad Atkins has 25 years as an attorney with more than 100 trials. Chad served as a plaintiff's and defense attorney for multiple Fortune 100 global insurance carriers and as named Managing Attorney for Colorado for Liberty Mutual/Safeco. This gives Chad a broad perspective for mediation. Chad understands case evaluation from the viewpoint of the litigants, claims adjuster and claims supervisor, with a focus on settlement. Chad can be reached at 303-667-0528 chad@crs-adr.com.
Endnotes:
1 Mediation Guide for Colorado Courts, Colo. Sup. Ct., Draft 4.1 (Oct. 5, 2018).
2 Use and Benefits of ADR by the Department of Justice, Fiscal Year 2017; Overview, U.S. Dept. of Justice (2018).
Colorado Trial Lawyers Association Trial Talk February/March 2020
/wp-content/uploads/2016/07/crs_redesign_final.png 0 0 AB CRS /wp-content/uploads/2016/07/crs_redesign_final.png AB CRS2020-04-03 10:46:032020-04-09 13:40:00An Insiders View of Mediation
February 10, 2020 /in ADR, Alternative Dispute Resolution, Articles, Conflict Resolution, Mediation /by Hon. (Ret.) Ken Plotz
We are thrilled to announce that Kenneth M. Plotz has been recognized to the Colorado Chapter of the National Academy of Distinguished Neutrals for 2020. Other ADR Services: Discovery Referee, Early Neutral Evaluation, Fact Finding, Mini-Trial Judge, Special Master
After 16 years on the district court bench, Kenneth M. Plotz retired as chief judge of the Eleventh Judicial District in central Colorado in 2005 to become a mediator and a judge on senior status.
He earned his undergraduate and law degrees from the University of Denver. After stepping off the bench, he completed a master's degree in Public Affairs from the University of Colorado, Denver. During his tenure on the bench, Judge Plotz presided over bench and jury trials concerning a wide range of cases and actively participated as a settlement judge and was successful in settling numerous domestic, construction defect, personal injury and business cases.
As chief judge, he instituted a case management system that improved the flow of cases and promoted early resolution of civil, domestic and probate cases. Since joining AB Conflict Resolution Services, he has facilitated settlement in cases concerning business disputes, contractual matters, construction defect cases, employment disputes, probate and personal injury claims.
He has also arbitrated cases involving similar issues, and has served as a hearing officer for public entities concerning employment disputes. In 2009 to 2010 Judge Plotz went to Kathmandu, Nepal where he worked for the International Legal Foundation, whose mission is to establish public defender systems in post-conflict countries.
For more information, you may view his full biography page HERE. Or visit our schedule page to inquire about availability.
/wp-content/uploads/2016/07/crs_redesign_final.png 0 0 Hon. (Ret.) Ken Plotz /wp-content/uploads/2016/07/crs_redesign_final.png Hon. (Ret.) Ken Plotz2020-02-10 13:31:512020-04-06 13:44:33Ken Plotz recognized to the Colorado Chapter of the National Academy of Distinguished Neutrals for 2020
September 20, 2019 /in ADR, Alternative Dispute Resolution, Articles, Conflict Resolution, Mediation /by Hon. (Ret.) Ken Plotz
This article originally appeared in The Docket August/September 2019 edition. Reproduced by permission. ©2019 The Docket August/September. All rights reserved. Modified from its original publication in The Docket.
This March I had the luck and the privilege of competing in the Masters World Cup Nordic ski races in Norway.
It was a series of age-group races over a six-day period at a real World Cup venue in Beitostolen, a village three hours north of Oslo that reminded me of what Aspen once was. The races were fun but extremely challenging. The mountains were beautiful and provided lots of long climbs, fast descents, and tricky turns. Although I did well for an American, I spent a lot of time on the course looking at the backs of the Norwegians, Swedes, and Finns.
Those of us who compete in any type of endurance event, whether it is cycling, trail running, or marathons, know there is a lot more to it than just showing up at the start line waiting for the gun to go off.
There is a long period of preparation or training, and there is the necessity of planning. It recently occurred to me that preparing and competing for events like this is similar to the preparation and process of mediating a case.
There is no way to compete or mediate without planning and preparation. In order to effectively mediate, one must obviously prepare by knowing the case and the client's goals. For lawyers, it is important to plan how you are going to present the case to the mediator so that the mediator has a correct and clear message to present to the other side. As a mediator, I am usually impressed with how well lawyers I work with know the law and facts of their cases. Yet sometimes even the best lawyers fail to convey a clear message through the mediator to the other side. Like preparing advance strategy fora race where you plan when to ease up and when to go hard, planning and timing a clear message for a mediator to deliver to the other side can help the case go forward toward settlement.
When I recall trying to reach the top of a long hill on a 10 kilometer course, it occurs to me that like racing, mediation is not a sprint but an endurance event. Sometimes it gets tiring and often it requires conscious pacing. When we enter mediation, we are in it for the long run. It is not a process where we walk in and say, here's our position, take it or leave it. Rather, it is a process where everyone gives and takes at a manageable pace.
In any competition or mediation, there are always low points where everyone feels they'll never finish. This is where the right mindset enters the picture. Someone trying to complete a long race needs to break it down into manageable parts and just try to make it from point A to point B. Those engaged in mediation also may need to just get to one small point, then another, and then yet another where the end is in sight and the success of finishing does not seem so overwhelming.
Technique is important. Even during the hard parts, one tries to maintain form. In the case of mediation, try to keep your cool, maintain your professionalism and don't pass the feed zone. Seriously, don't allow yourself or your client to get thirsty or hungry. Take adequate breaks. Get lunch and stay hydrated. It does make a difference in mediation.
In masters racing, there really are no winners and losers. We all get out there to learn something about ourselves and others. In mediation, sometimes cases do not settle. But mediation always presents the opportunity to learn something about ourselves, our clients, and our opponents. Even though a case may not settle as we had hoped, we still learn from the experience.
Competition is really hard. Mediating is really hard. That is why we do it, and that is what we train and prepare for. We would not be there if it were really easy. Just as some of us race long distances on hard courses because we embrace the challenge, some of us mediate because we enjoy the hard work of settling cases and the sense of accomplishment that follows a successful settlement.
One final thought. Sometimes after a long race, I ask myself whether I left anything out there. Did I try my hardest? Could I have done any more? When we finish a mediation, either as a lawyer or a mediator, we should ask ourselves the same questions.
/wp-content/uploads/2016/07/crs_redesign_final.png 0 0 Hon. (Ret.) Ken Plotz /wp-content/uploads/2016/07/crs_redesign_final.png Hon. (Ret.) Ken Plotz2019-09-20 12:38:272019-09-20 12:40:42Endurance and Mediation
September 11, 2018 /in ADR, Alternative Dispute Resolution, Articles, Conflict Resolution /by AB CRS
This article originally appeared in Colorado Lawyer July 2018. Reproduced by permission. ©2018 Colorado Bar Association Colorado Lawyer (July 2018). All rights reserved. Modified from it's original publication in Colorado Lawyer.
Mediating highly emotional cases presents particular challenges.
This article discusses effective strategies for managing those challenges.
By Joe Epstein Esq. and Julie M. Williamson, Esq.
Many cases give rise to intense emotions in mediation. With reference to words of wisdom from a wide range of sources, this article addresses strategies that counsel can use to mediate emotionally charged cases.
Emotions at Mediation
There is a sacredness in tears. They are not the mark of weakness, but of power. They speak more eloquently than ten thousand tongues. They are the messengers of overwhelming grief, of deep contrition, and of unspeakable love. —Washington Irving
Mediation involves many types of cases that can evoke strong emotions. Family law disputes are an obvious example. Catastrophic personal injury cases may include life-altering injuries such as quadriplegia, paraplegia, burns, traumatic brain injuries, and amputations, as well as wrongful death claims. Probate cases may trigger not only grief for the loss of the deceased but also powerful memories of deep family wounds. Professional malpractice cases implicate both harm to the plaintiff and threats to the defendant's livelihood and competency. Employment cases based on sexual harassment, Americans with Disabilities Act violations, age discrimination, or retaliation may raise strong feelings of anger and disrespect. Commercial disputes involving business dissolution's, breach of long-term relationships, or allegations of fraud can also become highly emotional.
Mediation often takes place years after the events that gave rise to a lawsuit and long after a case was filed. But because parties have the renewed chance to tell their entire story to the mediator, the mediation session often involves unearthing past wrongs and reliving trauma. Negative emotions—whether grief, anger, sadness, betrayal, loss, disillusionment, fear, or insult—can be raw. Yet mediation can also add positive emotions to the equation—relief, a measure of closure, freedom from litigation, even forgiveness and reconciliation.
Grief, anger, and fear are the three emotions most widely and deeply displayed at mediation.1 Grief is almost always involved, whether parties grieve the death of a loved one, the end of an important business relationship, the loss of physical or financial capabilities, or other life disappointment. Anger can erupt from either the underlying wrong or from frustration at the opposition's perceived inflexibility. Whatever the cause, anger, described by Seneca in the first century as "short madness," can temporarily blind both clients and attorneys. And fear of change, the future, or even the finality of a settlement can impede resolution. Mediators, advocates, parties, and negotiators must be aware of these emotions and wisely gauge and address their impact before and during mediation.
Select the Right Mediator
Look at situations from all angles, and you will become more open. —Dalai Lama
Not all mediators are alike. It is important to examine the legal and emotional issues that are part of the case. Determine which mediator has the life experience, mediation experience, and legal experience the case requires. Choose a mediator who will infuse the process with a sense of calm optimism and understand and work the case as hard and skillfully as required. Hire the mediator who will look at all aspects of the case, listen objectively and compassionately to all parties, and stay open to disparate information. Find a mediator who approaches parties with clarity, compassion, empathy, patience, and insight. Select one who can lead with humility, measured confidence, and intuition based on experience, wisdom, and mindfulness.
There are many ways to find the right mediator. Professional colleagues are an important source of information about potential mediators, but don't confine yourself to a particular mediation organization out of habit. Instead, think about what your case needs in terms of the mediator's background, experience, technical and legal knowledge, and temperament. In addition, many lists of potential mediators are readily available. ADR organizations, such as The Mediation Association of Colorado and Mediate.com, maintain online directories with biographical information, and The Colorado Legal Directory lists attorneys whose fields of practice include ADR.
Once you have a list of potential mediators, conduct an Internet search to investigate the mediators' background and experience. Also, feel free to call potential mediators and interview them ahead of time; there is no ethical rule against ex parte contact with mediators. Ask them about their experience, technical background, billing rates and structures, available facilities, and approach to mediation. They also should be able to provide you with names of other lawyers whom you can contact for a reference, if needed.
Structure the Mediation to Fit the Case
If you don't know where you are going, you'll end up someplace else. —Yogi Berra
Counsel should work with the mediator to individualize the mediation process to fit the unique dynamics of the emotional case. One helpful strategy to achieve this is for counsel and their mediator to address, before the mediation, questions such as:
How many parties/teams are there on each side of the case?
Who is coming to the mediation on each team?
Would pre-mediation meetings with the mediator be helpful?
Has the case been mediated before?
What is the magnitude of the injuries, damages, and losses?
Who needs to give voice to their thoughts and feelings?
Who needs to be heard by others?
What should the structure of the mediation look like?
What preparation do my client, my opponent, and my mediator require?
Depending on the answers to these questions, consider whether the case might benefit from co-mediation. Mediators with different backgrounds and perspectives can often help the parties to feel heard and to come up with creative solutions to resolve the case. Mediators should be willing to work with counsel to structure a fee arrangement that makes co-mediation cost-effective.
Once these foundational questions have been answered, counsel and the mediator can design a mediation structure that fosters creativity, connection, flexibility, and trust, and encourages closure and settlement. When devising the structure of the mediation, answer these questions:
" Throughout the mediation, counsel should remember that the opposing party and opposing counsel are people with their own problems, fears, and concerns. "
Should there be an opening session? If so, what should it look like? Would the case benefit from starting the day with a joint session?
How should breaks and lunch breaks be handled? Is lunch an opportunity to bring everyone back together in a joint session?
Should the mediation occur at a particular pace?
How should the information flow be managed?
What are the parameters for time-outs?
Prepare Thoughtfully for the Mediation
Wisdom can only come by way of a willingness to accept truth from any source. —Jewish saying
As in any mediation, preparation for mediation in a highly emotional case is key. Only by having a firm grasp of the facts and the law can counsel be prepared, after emotions have calmed, to bring discussion around to the objective strengths and weaknesses of the case. Investigate early, thoroughly, and continuously. Gather and organize relevant documents, locate and meet with key witnesses, and maintain a "cast of characters," chronology, and storyline that are updated to fit the evolving evidence. Conduct the necessary discovery and file appropriate motions. Select and work closely with the best available experts.
Whenever possible, try to develop a positive relationship with opposing counsel. Take the time to meet for lunch or coffee to get to know each other as people. Make interactions civil, professional, and respectful. Remember that it is the clients, not the lawyers, who have the dispute. Don't amp up the already emotional case by badmouthing the opposing lawyer to the client. Keep the mediation unburdened by fights between counsel.
Use the mediation statement to refine case thinking for trial and evaluate the evidence objectively. Be wary of "drinking your own Kool-Aid," that is, being so persuaded by your own advocacy that you lose sight of the opposing view. Describe the relevant facts and legal issues, highlighting strengths and addressing weaknesses. Make the statement concise and pare down the attachments to the essentials. Consider the creative use of government reports, investigative reports, witness statements, television reports, video, charts, and graphs.
Finally, prepare the client and yourself. Educate the client regarding the mediation process, including the possibility that emotions may be high at times. Let the clients know that they can express their views and feelings and can ask for a break if needed. Approach the mediation with as much calm, patience, and objectivity as possible. In the end, remember that mediation requires the wisdom that comes from combining knowledge and understanding.
Mediate Mindfully
If you want others to be happy, practice compassion. If you want to be happy, practice compassion. —Dalai Lama
Careful attention to words and actions at the mediation, while often just a matter of common courtesy, can bolster the chances of reaching a resolution. Throughout the mediation, counsel should remember that the opposing party and opposing counsel are people with their own problems, fears, and concerns. Begin by greeting each of the participants warmly. Listen kindly to the feelings voiced by the other side throughout the process. Without conceding responsibility, express understanding of and compassion for the other party's circumstances. Look for opportunities for self-disclosures that create a common bond. Address the opposition respectfully; avoid accusations and insults, and advise the client to do the same.
[B]e quick to listen, slow to speak, and slow to anger. —Apostle James
" A successful mediation requires the parties to look at their present alternatives for making the future as good as possible. "
Appreciative, courteous, and compassionate listening are valuable tools in building a settlement. Having lawyers and a mediator who will listen carefully to the parties' stories goes a long way toward achieving settlement goals.
Consider responses carefully, particularly if the opposition's statements or offer are offensive to the lawyer or the client. Wait for the anger to subside before responding.
Grief is in two parts. The first is loss. The second is the remaking of life. —Anne Roiphe
Strong emotions arise from past wrongs and disappointments, and neither mediation nor a court case, no matter how successful, can undo the past. A successful mediation requires the parties to look at their present alternatives for making the future as good as possible. Honor the clients' feelings but help them to not stay so trapped in their emotions that they are unable to make reasonable decisions. And be careful to not let empathy for the client cloud professional judgment. Mediation is an opportunity for parties to structure a resolution that will free them from the stress of litigation so they have space to heal and rebuild their lives. Help the client do just that.
[D]on't ever underestimate the importance you can have because history has shown us that courage can be contagious and hope can take on a life of its own. —Michelle Obama
Counsel's attitude can have a profound effect at mediation, negative or positive. Lawyers should be mindful that their emotions, particularly anger, fuel those of the client; clients are best served by taking the lawyers' emotions out of the equation. Mediation is a time for careful, reasoned evaluation of alternatives for resolution. Remaining a calm voice of reason is essential. Give clients hope and support their courageous efforts to momentarily set aside their emotions to make wise and thoughtful decisions about the future.
Stay focused, go after your dreams and keep moving toward your goals. —LL Cool J
Remember, as a negotiator the lawyer is looking for closure. Focus on the objective and look for the path to settlement through the roaring thunder of argument. Be enlightened and enlightening, gracious, and clear. Be open to creative closing strategies that end the litigation and leave all parties with "face" and respect.
Move Clients Forward
You gain strength, courage and confidence by every experience in which you really stop to look fear in the face. You are able to say to yourself, "I lived through this horror. I can take the next thing that comes along." —Eleanor Roosevelt
Like the end of any prolonged, arduous effort, resolving a highly emotional case can cause its own set of emotions. While the end of litigation is a welcome relief, it can also be a reminder of the finality of the loss and trigger emptiness and fear. This is a good time to commend the clients' courage throughout the process, reinforce the wisdom of their decision, and express your confidence that they will be able to handle the next steps in their journey.
Conclusion Mediating highly emotional cases requires extra care. The process should start with the selection of a mediator who is qualified for the case by temperament and experience and who can listen carefully to the parties and lead them to a settlement. The mediation should be designed to fit the unique circumstances of the case and the needs of counsel and clients, while remaining flexible enough to fit the ebb and flow of a dynamic mediation process. Careful preparation of the case, the client, and the lawyer are important. At mediation, respect for parties and counsel, compassionate and critical listening, appreciation of all aspects of the case, and a will to reach a settlement are the necessary ingredients to a successful resolution. Finally, supporting the client in resolving the highly emotional case can help the client to move forward confidently.
NOTE 1. See Epstein and Epstein, "Grief, Anger and Fear in Mediation," Trial Talk 37 (June/July 2010).
/wp-content/uploads/2016/07/crs_redesign_final.png 0 0 AB CRS /wp-content/uploads/2016/07/crs_redesign_final.png AB CRS2018-09-11 11:33:352018-09-11 11:36:53Mediating Highly Emotional Cases
Meeting the Challenges of Mediating the Catastrophic Injury Case
Congratulations Julie Williamson
Congratulations Joe Epstein
Making the Arbitrator's Job Easier
Pot and Real Estate


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PIXID launches its end-to-end cloud-based recruitment solution in Ireland
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PIXID's mid-market, fast to deploy agency-led VMS is set to transform the digital recruitment landscape in Ireland
London – March 13, 2019 – European Recruitment Technology Solutions provider PIXID is delighted to announce the launch of its myPixid Vendor Management System (VMS) solution in Ireland. myPixid is already Europe's leading mid-market VMS platform and will work in tandem with PIXID's other technology solutions to help agencies and end clients of all sizes to streamline all aspects of the recruitment process.
The launch of myPixid in Ireland follows PIXID's recent introduction to the UK and the Netherlands, building on the market dominance which PIXID has already achieved in France. To put that dominance in perspective, PIXID's cutting-edge and fast-to-deploy technology is now responsible for filling 1 in 3 temporary positions in France and is helping to power the growth of that country's temporary staffing market.
The myPixid VMS platform provides an end-to-end temporary staffing solution that meets the needs of recruitment agencies and end clients as well as contingent and temporary workers. It combines exceptional functionality and ease of use with a strong focus on ensuring compliance. The power of myPixid at launch in Ireland will be reinforced by the strong track record which the company has already achieved with Amris - a world-class ATS solution that is being used by major companies across Ireland – as well as increased usage of Employee-Check, our advanced online candidate referencing platform.
Mark Kieve, the CEO of Pixid UK and Ireland, commented: "The Irish employment market is interesting on so many levels and we are delighted to be launching myPixid at a time of tremendous growth in the Irish economy and the significant rise in demand for talent that has come in its wake.
"Our technology can cater for all kinds of agencies and end clients and – along with our other technology offerings - will provide temporary staffing and recruitment solutions that are highly scaleable and cost effective even for the most well-established companies in the country. I am very much looking forward to attending this week's annual National Recruitment Federation conference in Dublin."
About PIXID
Created in 2004, PIXID is the now the European leader in end-to-end cloud-based recruitment solutions. With the acquisition the Internet Corporation (Amris) in 2017 in the UK and the recent acquisition of Carerix in the Netherlands, it is fast expanding across Europe. PIXID's flagship offering is myPixid, Europe's leading mid-market VMS platform. This enables clients of all sizes to efficiently manage temporary workers via a simple, scalable and cost-effective platform. It is an end-to-end temporary staffing solution designed with the needs of recruitment agencies, end clients and contingent and temporary workers in mind, and has a strong focus on ensuring compliance with the latest employment regulations. PIXID's proprietary technology is responsible for filling one in three temporary positions in France, where it has powered the burgeoning temporary staffing market. Over 7500 agency branches are connected through PIXID to more than 100,000 end-client locations on a daily basis to lower costs and improve efficiency and communication with agencies, end clients and temporary workers.
For more information, contact Mark Kieve
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Kia Rolls Out Its 2014 Optima Hybrid
By Nino Marchetti on February 7, 2014 in Hybrids, Transportation
Kia Motors, at the 2014 Chicago Auto Show, took the wraps off its 2014 Optima Hybrid. The vehicle has been revamped somewhat for this model year, and it follows in the footsteps of its predecessor which was named last year as one of the most domestic fuel efficient sedans.
For 2014 the Optima Hybrid, according to Kia, comes in LX and EX trim levels, which deliver fuel economy ratings of 36 mpg city/40 mpg highway/38 mpg combined for the LX and 35/39/37 for the EX. Both have as part of their hybrid drivetrain a 47 HP electric motor and 47 kW lithium polymer battery. This, combined with the car's gas engine, achieve a combined 199 HP rating and 235 lb-ft of torque.
Technological offerings of this Kia hybrid include hybrid-exclusive front LED lighting, a 4.3-inch TFT LCD instrument cluster and optional high-resolution 8-inch navigation and telematics screen that features UVO eServices, an 8-speaker Infinity sound system, HD Radio, SiriusXM Satellite Radio and SiriusXM Traffic.
"The Optima Hybrid is an important and integral component of Kia's advanced propulsion story," said Orth Hedrick, vice president of product planning, Kia America, in a statement. "It's unique in its segment because it not only gives owners savings at the gas pump and a smaller carbon footprint, but it also delivers world-class design, robust performance and an upscale personality, making it a truly attractive and well-rounded hybrid offer."
Prefab Makes South LA Home Fast, Affordable And Efficient
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Renegade Six Pack – Six Times We Were Lied to by a Director
Breaking news regarding the super secret production of the upcoming James Bond film Spectre has Christoph Waltz swearing up and down that he is absolutely not playing SPECTRE mastermind Ernst Stavro Blofeld – just like Benedict Cumberbatch definitely wasn't playing Khan in Star Trek Into Darkness. Fans obviously have good reason to continue their skepticism, having been constantly lied to by actors and directors in order to preserve the movie-going experience associated with their projects. If it turns out that Waltz actually is playing Blofeld, it certainly wouldn't be the first time the movie-going populace had been misled in such a way. Spoilers ahead!
Hitchcock isn't called the "master of suspense" for nothing. Not only were his films thrilling, tense, and suspenseful, but the man knew how to market those movies to provide the most shock and entertainment to the audience. A classic example is that of Psycho, which was an event unlike any other at the time. Hitchcock wouldn't allow anyone into the theater after the movie had started, and cinema owners actually enforced this policy. While this secrecy intrigued and excited audiences, the real reason for the policy was because Hitchcock's leading lady (Janet Leigh), a big star and a huge marketing point, is killed off twenty minutes into the movie. Hitchcock, having misled his audience regarding Leigh's appearance in the film, didn't want them to feel gipped if they arrived late only to find that Leigh's character was already dead.
Russell T. Davies
https://youtu.be/QuflZEaBzt8
While Steven Moffat is the current keeper of the TARDIS, former Doctor Who show runner Russell T. Davies was just as much a master of secrets. One of the biggest lies he ever told was that he hated the Master and that there would never be a story arc in which he was involved. Obviously, this turned out to be blatantly false, when the entirety of season three subtly builds up to a surprising reveal and a three part finale featuring the Master. When asked about it, Davies was nearly gleeful in his deception, explaining that he simply lied to throw everyone off track. And it worked, at least for me. The Master reveal was one of the biggest surprises of Doctor Who. I still get a deep feeling of excitement when I re-watch that moment, remembering vividly how I felt when the surprise was dropped on me.
Abrams is specifically known for keeping secrets. His film sets are locked down tight and script access is strictly controlled. Even trailers don't tell you much – except that the Millennium Falcon is apparently still in one piece after a long, long time. Perhaps one of the least successful secrets he tried to keep is the one in which Benedict Cumberbatch was actually playing Khan in Star Trek Into Darkness. Everyone involved reasoned that Cumberbatch's character couldn't be Khan, because his name was clearly listed as Benjamin Harrison. Unfortunately, this fooled no one. It may not have been a surprise that Cumberbatch was Khan, but it was a delightful reveal all the same.
Shane Black is mostly just known for Lethal Weapon and a string of other over-the-top action movies, but not particularly for any secrecy regarding his work. But as soon as Black got the job to write and direct the third installment of the epic Iron Man series, the lies started. Specifically, we were told one big lie: that Ben Kingsley was the Mandarin and that he would be the villain in Iron Man 3. In a sense, this is true. In reality, however, this was more like a bait and switch. We were drawn in by the promise of a creepy terrorist type villain as performed by the great Kingsley, which turned out to be a cover for the real, unexpected villain we were given in his place. The part Kingsley actually plays is that of the drugged out, drunk, and over sexed actor Trevor Slattery. Of course, there is a theory floating around that this actually might be the real ruse and that the Mandarin was just playing a very elaborate game.
If you don't know the name, Sud is the creator and head writer of The Killing, the American remake of the Danish series Forbrydelsen. While The Killing started out strong, there was some controversy among audiences when it was promised the mystery would be solved by the end of season one, but the show runners never delivered on that promise. Instead, the mystery ran into the second season, leading audiences to question if the writers actually knew where they were going with the show. This breach of promise, small though it may seem, broke the good faith and trust of the audience. The show never quite recovered, faltering through its first two seasons and downright struggling through to its fourth – but despite the fight, it turned out to the be the little show that could, constantly avoiding cancellation and eventually making a deal with Netflix to wrap the series up in a final fourth season.
https://youtu.be/J_DRXAf0iGI
My love for Patrick McGoohan is no secret. The man was an intense, surprising, unsettling, and arresting actor and had one of the great creative minds of his time. The Prisoner stands out as a landmark television series – inspiring modern classics like Lost and Twin Peaks – and caused an audience reaction to match its importance. The Prisoner was a phenomenon in its time, keeping viewers rapt and confused every week, dying to know how the prisoner would finally escape the Village. McGoohan's series is bizarre and abstract, a psychological and philosophical experiment wrapped in the shell of a spy series. That was one lie. Audiences were used to the simple good versus evil of James Bond and similar spy fare, so when the fabled Number One – leader of the Village – turned out to be something more complicated than a Bond villain, they rebelled. McGoohan immigrated to the US shortly after the finale, fleeing angry viewers. Perhaps reasonably, McGoohan had a complicated relationship with his most famous work. And this is the other lie, because McGoohan could never be consistent in his feelings when talking about the show. One interview he would dismiss it as trash, another he would discuss in depth and at length the allegorical origins of the story, or sometimes he would promote it enthusiastically in a strange, alienating publicity appearance, or perhaps make light of it by lending his voice to an episode of The Simpsons. McGoohan was legendary for his enigmatic personality and mercurial moods, which only adds to the mystique of the series and its creator.
Doctor Who Iron Man 3 Star Trek Into Darkness The Killing The Prisoner
Renegade Staff Picks: Favorite Action Star
DIFF 2015: 'I'll See You In My Dreams' Review


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HUGE LOSS… The Painful Death Of Former WWE Women's Champion – May Her Soul Rest In Peace…
Having done all to stay alive, it was just so sad to announce that she couldn't make it, she died. The Former WWE Women's Champion who has paved way for all other Divas in the WWE was reported dead. The death has become a year now and will thought it wise to bring this as a remembrance to you.
When Chyna was found dead on April 20, 2016, the WWE rushed to pay tribute to the woman who blazed a trail for the Divas and other one-name-only stars to come.
Billed in the 1990s as the "Ninth Wonder of the World" by what was then the World Wrestling Federation, Chyna achieved a new level of fame in that viscerally intense yet over-the-top and theatrically staged phenomenon that is professional wrestling.
So of course her fellow stars, her former employer and many fans were heartbroken by the loss.
But Chyna, who was born Joanie Marie Laurer and had also wrestled under the monikers Chyna Doll, Joanie Lee and Just Joanie, hadn't been in a ring for five years—and she hadn't been the queen of the wrestling world since the turn of the century.
In between, Chyna became far more famous for her troubles, for outrageous interviews, for doing porn, for her slurring appearances on reality TV. Because just as easy as it was to remember her greatness and star power once she was gone, so it was easy enough to forget about her or treat her as a fallen-star spectacle while she was still here.
Related Topics:ChynaJoanie Marie LaurerWWE Women's Champion
WWE NEWS: Former World Champion Regretting Ever Joining WWE – See What He Said..
UNBELIEVABLE; Finally See What Daniel Bryan Did To Brie Bella After She Gave Birth – See Shocking Photo Captured
WWE Stars Jimmy Uso & Wife Naomi Getting A Divorce After Years In Marriage — See Huge Announcement Naomi Made
" I am sorry and embarrassed by my 29 year old self" – Nikki Bella says this open
Bret Hart says Stephanie McMahon doesn't fully understand pro wrestling
WWE legend says, "Trish Stratus had no talent"… says, "Trish got hired because of her look"
SEE FRESH Photos Of Charlotte Flair Enlarged B00bs — Charlotte Flair Goes T0pless Again BACKSTAGE Flaunting Her B00BS
Stephanie McMahon opens up on Triple H making love to another girl: "I can't stand it"


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Associate Professor David Norton Phalen
Project opportunities with Associate Professor David Norton Phalen
Koala Health Hub, Koala Infectious Diseases Research Group
About Associate Professor David Norton Phalen
David has been a practicing veterinarian for 33 years. He received his Doctor of Veterinary Medicine from Cornell University in 1983 and a Doctor of Philosophy in infectious diseases of birds from Texas A&M University in 1992. He has been a Diplomat of the American Board of Veterinary Practitioners Avian Specialty since 1997. He has also made over 300 local and international presentations to scientists, exotic and wildlife veterinarians, and bird and other exotic pet owners and has over 100 publications. Clinically, he is particularly interested in haematology, cytology, imaging, pathology, and avicultural medicine. His other research interests are wide ranging and include the impact of viral, bacterial, and fungal diseases, environmental toxins and genetic structure on biodiversity. He is currently working with the Christmas Island flying fox, endangered lizards on Christmas Island, New South Wales koalas, wombats and several species of native birds and amphibians. He sees exotic pets and wildlife patients at the University of Sydney's Avian Reptile and Exotic Pet Hospital where he teaches wildlife and exotic pet medicine to senior students. He is the unit of study coordinator for the 3rd year DVM Exotics and Wildlife Practice. He also is the coordinator for the Masters of Wildlife Health and Population Management and teaches two of these units Wildlife Health and Australasian Wildlife – Advanced and supervises the capstone research unit of study.
Associate Professor David Phalen is a researcher at the Sydney School of Veterinary Science
For more information about Associate Professor David Phalen, refer to his Academic Profile Online


The Fantasy Authority Fantasy Football Podcast Episode 21, December 22, 2015. This week we're breaking down all the biggest matchups of the week just in time for your fantasy championship! Kirk Cousins over Aaron Rodgers?! What to do with Julio vs. Josh Norman. Plus, a look at some waiver options that could drive you to a Championship Trophy. Remember to stick with us all season long for the very best in fantasy football information and advice. Follow us on Twitter (@FF_Authority), listen to us live every Sunday Morning (11:30am EST) and Tuesday night (9:00pm EST) on Rabble.tv, and Subscribe on iTunes and Stitcher.


Master Audio is now live on the Unity 3D Asset Store!
This package is all you need to fulfill your extensive audio needs.
Superb performance for mobile games, and just as useful for other platforms, as well. Now includes a slider for adjusting the volume of all sounds triggered by MasterAudio.
Contact us for student and bulk discounts!
Setup is a snap and you will never need to write more than the occasional line of simple code to use this. Email us any new feature requests, as well! Master Audio was used with great success in "Wall Street Titan", an Indie Game Magazine "Best of 2012" iOS title released in October 2012. Enjoy!
Grab it on the Unity asset store now!


Fully-Automated Systems – Trak Engineering, Inc.
Trak's SentryGOLD Fully-Automated Transit System contains all of the functional elements necessary to operate a fueling facility. The Fuel Sentry authorizes the fuel dispensers and oil reels, and contains memory elements necessary to authorize all buses for fueling, stores a complete fueling record of nightly transactions and communicates all fuel transaction records to the system's Central Controller Computer. The Fully-Automated Transit System eliminates the need for operator input and speeds fueling, at the same time eliminates input error.
Trak's SentryGOLD Fully Automated Fuel Management System provides the highest level of security for your fleet and the highest level of accuracy for your data. Each vehicle in your fleet, or selected vehicles, is equipped with the Trak Vehicle Module - TVM. The TVM is a small on-board computer that stores the vehicle data and relays it to the Trak Fuel Sentry console in order to authorize fueling and gather precise, pre-determined, information. The TVM is pre-programmed with our TVM Laptop Programming Kit, and then installed on the vehicle.
The Trak Vehicle Module – TVM - stores the vehicle ID, current odometer reading, fuel type and limit, system ID, and engine hours (optional). The TVM contains EEPROM circuit, which stores all the data in non-volatile memory.


Asian banks could enjoy a 35-45 per cent boost in net profit over the next three years if they embrace digital channels to reach their customers.
In a report on digital banking in Asia, McKinsey & Company notes that the value creation potential is very high, especially in emerging Asia, where banks lag well behind their leading Western counterparts in automating banking processes.
The analysis also shows that up to 20-30 per cent of net profits are at risk for Asian banks that are unable to leverage on digital technologies.
For example, banks in mature Asian markets have invested in refining their operating models over the past few years, yet much remains to be done to follow through on the promise of a fully digitised customer experience. Only 5 per cent of processes are fully automated and only 25 per cent of processes are technology enabled at the banks examined.
Speaking to BT, McKinsey's Joydeep Sengupta said that banks in Singapore are very well positioned to take advantage of digital banking trends: "The digital infrastructure is among the best in Asia, the regulatory environment is conducive to innovation and adoption rates among consumers is high."
Mr Sengupta, who is senior partner at McKinsey & Company and head of McKinsey financial institutions practice in Asia, however, added that most banks in Singapore have barely scratched the surface in terms of realising the potential. Most of the existing investments have been around creating digital propositions, largely with a branding benefit.
"In the core areas of fundamentally transforming the business model, either through digitally enabling the bank to improve productivity or digitising the processes to enable significant efficiency and superior customer experience, or offering a customer oriented digital proposition, Singapore banks have much distance to travel."
The report shows that the number of digital banking consumers in Asia could reach 1.7 billion by 2020, with China, India, and the Asean region showing the biggest gains. The Asean region and Australia are expected to have 150 million customers by 2020.
Mr Sengupta said that the use of digital banking services has been increasing on average by more than 35 per cent over the past three years. Interestingly, this increase coincides with a drop in (physical) bank branch usage of 27 per cent across Asia. With over 20 per cent of online sales in some products, banking in Asia is already ahead of online sale of groceries (10 per cent) but way behind music which has more than 50 per cent of online sales in the region.
At a few leading banks, nearly 20 per cent of key product purchases are now completed online. Across Asia, about 25 per cent of pre-purchase decision-making and 40 per cent of post-purchase servicing is conducted through mobile or Internet devices, the report added.
Mr Sengupta noted that cybersecurity is one of the biggest challenges that banks face. "Asian banks are realising that cybersecurity must be treated as a core business function. Many of the current approaches and responses are passive - looking out for known threats, waiting for sensors to trigger alarms and in general often backward looking."
Asian banks need a new approach, one that avoids large staff increases and is better able to use existing security assets, such as fraud detection units, compliance and risk resources in a cross functional manner, moving from the alert and reaction approach to one where they can anticipate and hunt for malicious activity affecting their most critical assets, the McKinsey official added.


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Impressive long-term benefits of MDMA for treating PTSD, study reports
By Rich Haridy
Impressive long-term benefits ...
Phase 2 trials of MDMA-assisted psychotherapy have proven extremely successful and Phase 3 trials are now underway, with FDA-treatment approval expected by 2022
A new study published in the journal Psychopharmacology is presenting a comprehensive look at the long-term efficacy of MDMA-assisted psychotherapy for the treatment of post-traumatic stress disorder (PTSD). The study finds not only do the substantial beneficial effects of the therapy hold strong for well over a year after completing the treatment, but patients continue to improve as time passes following the few MDMA sessions.
After decades of prohibition and stigma, MDMA is finally on the precipice of becoming a clinically approved medicine. Currently deep in Phase 3 human trials for severe treatment-resistant PTSD, the therapy has proved so effective the U.S. Food and Drug Administration (FDA) recently approved it for Expanded Access, a program allowing certain patients access to the therapy before full market approval is granted.
While several studies have been published outlining positive Phase 2 trial results, this new paper investigates long-term outcomes from the treatment, compiling follow-up data from six prior trials. Around 100 subjects were included in the study.
At the original end-point of the trials, 56 percent of the cohort no longer met the clinical criteria for PTSD. The long-term follow-up data revealed continued improvements in most subjects for well over a year, with 67 percent of the cohort subsequently no longer meeting the PTSD criteria. Other long-term results noted in the cohort include reductions in suicidal thoughts and clinically significant symptom improvements.
"These long-term follow-up findings show that once people with PTSD learn that they can productively process traumatic memories instead of suppressing them, they can continue to heal themselves even after they have stopped receiving MDMA-assisted psychotherapy," notes Rick Doblin, co-author on the new study.
It is important to note the MDMA-assisted psychotherapy treatments involve more than just a simple dose or two of the drug. The entire treatment process takes between eight and 12 weeks, encompassing two to three day-long MDMA psychotherapy sessions, each spaced around a month apart. Extensive preparatory therapy sessions are conducted before the MDMA treatments, and follow-up integrative therapy sessions are conducted in the days and weeks after the active drug sessions.
The new study also suggests the long-term follow-up data finds the treatment does not lead to MDMA abuse, or any other substance abuse, and no significant adverse effects are detected from the therapy. At the 12-month follow-up point it is noted around 94 percent of subjects did want to engage in additional MDMA-assisted psychotherapy sessions. While the researchers do acknowledge this desire may be underpinned by some subjects wanting to experience the pleasurable effects of MDMA, the study suggests the urge to complete additional treatments is more likely a result of the positive outcomes of the treatment.
"Although our Phase 3 trials are not yet completed, these long-term data support the hypothesis that MDMA-assisted psychotherapy may provide significant advantages in treatment outcomes, safety, and durability over available PTSD treatments," says Berra Yazar-Klosinski, co-author on the new study. "This is the breakthrough that the world needs right now."
Phase 3 clinical trials are currently underway at a number of sites in the United States, Canada and Israel. These trials are expected to run for 12 to 18 months, and FDA approval for the treatment should come sometime in 2022.
The new study was published in the journal Psychopharmacology.
Source: MAPS
Health & WellbeingPsychedelic MedicinePTSDDrugsNew Atlas Audio
Rich Haridy
With interests in film, new media, and the new wave of psychedelic science, Rich has written for a number of online and print publications over the last decade and was Chair of the Australian Film Critics Association from 2013-2015. Since joining New Atlas Rich's interests have broadened to encompass the era-defining effects of new technology on culture and life in the 21st century.
Exercise hormone injections boost fitness in even old or unhealthy mice
COVID-19 pandemic triggers largest drop in US life expectancy in decades
New microcapsule method boosts CBD absorption in the brain by 300%
Large US study affirms men more vulnerable to COVID-19 than women


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In the philosophy of mathematics, ultrafinitism (also known as ultraintuitionism, strict formalism, strict finitism, actualism, predicativism, and strong finitism) is a form of finitism and intuitionism. There are various philosophies of mathematics that are called ultrafinitism. A major identifying property common among most of these philosophies is their objections to totality of number theoretic functions like exponentiation over natural numbers.

Main ideas
Like other finitists, ultrafinitists deny the existence of the infinite set N of natural numbers, on the basis that it can never be completed. ( i.e. there is a largest natural number).

In addition, some ultrafinitists are concerned with acceptance of objects in mathematics that no one can construct in practice because of physical restrictions in constructing large finite mathematical objects.
Thus some ultrafinitists will deny or refrain from accepting the existence of large numbers, for example, the floor of the first Skewes's number, which is a huge number defined using the exponential function as exp(exp(exp(79))), or

The reason is that nobody has yet calculated what natural number is the floor of this real number, and it may not even be physically possible to do so. Similarly,  (in Knuth's up-arrow notation) would be considered only a formal expression that does not correspond to a natural number.  The brand of ultrafinitism concerned with physical realizability of mathematics is often called actualism.

Edward Nelson criticized the classical conception of natural numbers because of the circularity of its definition. In classical mathematics the natural numbers are defined as 0 and numbers obtained by the iterative applications of the successor function to 0. But the concept of natural number is already assumed for the iteration. In other words, to obtain a number like  one needs to perform the successor function iteratively (in fact, exactly  times) to 0.

Some versions of ultrafinitism are forms of constructivism, but most constructivists view the philosophy as unworkably extreme.  The logical foundation of ultrafinitism is unclear; in his comprehensive survey Constructivism in Mathematics (1988), the constructive logician A. S. Troelstra dismissed it by saying "no satisfactory development exists at present." This was not so much a philosophical objection as it was an admission that, in a rigorous work of mathematical logic, there was simply nothing precise enough to include.

People associated with ultrafinitism
Serious work on ultrafinitism was led, from 1959 until his death in 2016, by Alexander Esenin-Volpin, who in 1961 sketched a program for proving the consistency of Zermelo–Fraenkel set theory in ultrafinite mathematics.  Other mathematicians who have worked in the topic include Doron Zeilberger, Edward Nelson, Rohit Jivanlal Parikh, and Jean Paul Van Bendegem. The philosophy is also sometimes associated with the beliefs of Ludwig Wittgenstein, Robin Gandy, Petr Vopěnka, and Johannes Hjelmslev.

Shaughan Lavine has developed a form of set-theoretical ultrafinitism that is consistent with classical mathematics.
Lavine has shown that the basic principles of arithmetic such as "there is no largest natural number" can be upheld, as Lavine allows for the inclusion of "indefinitely large" numbers.

Computational complexity theory based restrictions
Other considerations of the possibility of avoiding unwieldy large numbers can be based on computational complexity theory, as in Andras Kornai's work on explicit finitism (which does not deny the existence of large numbers) and Vladimir Sazonov's notion of feasible number.

There has also been considerable formal development on versions of ultrafinitism that are based on complexity theory, like Samuel Buss's bounded arithmetic theories, which capture mathematics associated with various complexity classes like P and PSPACE. Buss's work can be considered the continuation of Edward Nelson's work on predicative arithmetic as bounded arithmetic theories like S12 are interpretable in Raphael Robinson's theory Q and therefore are predicative in Nelson's sense.  The power of these theories for developing mathematics is studied in bounded reverse mathematics as can be found in the works of Stephen A. Cook and Phuong The Nguyen. However these researches are not philosophies of mathematics but rather the study of restricted forms of reasoning similar to reverse mathematics.

See also
 Transcomputational problem

Notes

References
 Reviewed by
 Lavine, S., 1994. Understanding the Infinite, Cambridge, MA: Harvard University Press.

External links
 Explicit finitism by Andras Kornai
On feasible numbers by Vladimir Sazonov
"Real" Analysis Is A Degenerate Case Of Discrete Analysis  by Doron Zeilberger
Discussion on formal foundations on MathOverflow
History of constructivism in the 20th century by A. S. Troelstra
Predicative Arithmetic by Edward Nelson
Logical Foundations of Proof Complexity by Stephen A. Cook and Phuong The Nguyen
Bounded Reverse Mathematics by Phuong The Nguyen
Reading Brian Rotman's "Ad Infinitum…" by Charles Petzold
Computational Complexity Theory

Constructivism (mathematics)
Philosophy of mathematics
Infinity
Theories of deduction

redpajama_set_name: RedPajamaWikipedia


This month, the migratory Rufous return, joining our resident Anna's hummingbirds. Let the air show begin!
Rufous Hummingbirds will fight each other and the Anna's for possession of a feeder. If you see this behavior don't get too upset about it, it is just their nature. Sometimes two or three of them will set up a rotational feeding schedule but rarely will you see two or more of them on the feeder at the same time.
Place a feeder where you can observe these feisty birds regularly. Mix 3 parts water to 1 part sugar and dissolve completely. Change the nectar every 4-5 days and clean the feeders between refilling.
The antique bottle feeder shown here is a favourite with Dig This customers and local hummingbirds!


Rhinoplasty, or nose reconstruction, is a surgical procedure that's used to correct structural defects and change the size, shape or symmetry of the patient's nose. Dr. Jay Fine is a board-certified plastic surgeon in Pembroke Pines, Florida, who has extensive experience performing rhinoplasty on patients aged 16 and older. Patients with a structural defect that makes it hard to breathe and those desiring a cosmetic change should call Dr. Fine for a rhinoplasty consultation.
However, rhinoplasty is more than a "nose job." This type of surgery is also used to fix structural defects in the nose, especially when an anatomic problem interferes with breathing. For example, rhinoplasty may be used to correct a deviated septum or following a nose injury.
No matter why patients need or desire rhinoplasty, Dr. Fine always focuses on form and function: A good-looking nose must function properly, and a nasal defect must be repaired so that their nose appears normal and natural.
Women and men of any age can be considered for rhinoplasty, but the nose and facial structures must be fully developed. This means that the surgery usually isn't performed before the age of 16 in girls and prior to age 18 in boys. If nose surgery is performed at a younger age, it can interfere with normal nose growth or cause it to develop unevenly.
Before getting nose surgery, patients need to have realistic expectations about how it will affect their appearance. Patients can view a collection of before-and-after photos from previous rhinoplasties Dr. Fine has performed to help them visualize how their new nose will look.
What happens during and after rhinoplasty?
The surgery generally takes one to three hours. Patients should expect to have some bruising and swelling at first, which is treated with cold packs. Most patients feel comfortable going out in public in about a week. However, full recovery takes two to four weeks and they should avoid strenuous activity during that time.
Patients generally will see results as soon as the swelling subsides and bandages are removed, but ongoing gradual changes may occur as the patient's nose tissue continues to grow into its new contour. Dr. Fine offers state-of-the-art surgery plus old-fashioned patient care, which means that they can count on optimal results while having personal access to the doctor anytime they have questions.


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Panattoni completes BTS facility for KION Group – EuropaProperty
completed Panattoni construction forklift assembly plant KION Group largest providers
assembly has 3 post(s).
completed has 147 post(s).
construction has 292 post(s).
forklift has 2 post(s).
Group has 423 post(s).
KION has 1 post(s).
largest has 199 post(s).
plant has 7 post(s).
providers has 5 post(s).
Panattoni completed the construction of a forklift assembly plant for KION Group, one of the largest providers of intralogistics solutions and warehouse technologies worldwide comprising renown brands like Linde, STILL and Dematic. The facility, offering more than 44,000 sqm in Kołbaskowo near Szczecin, has been delivered in compliance with the most stringent environmental protection guidelines.
The project for KION Group was kicked off last year and has taken less than 10 months to complete. KION Group is one of the largest providers of solutions optimising material and information flow in manufacturing plants, warehouses and distribution centres. The corporation, included in Germany's MDAX index, is also the largest manufacturer of industrial trucks in Europe and the second-largest in the world, as well as a leading provider of automation technology. The Kołbaskowo project provided for the construction of a facility in excess of 44,000 sqm. The ultra-modern building – apart from manufacturing space – also houses a research and development centre and the administration office. Ultimately, 150 people will be employed here, and production will be fully operational by spring 2021.
As Michał Samborski, Head of Development from Panattoni, explains, the project in Kołbaskowo was very challenging, having had to comply with demanding standards in terms of environmental protection and sustainable development. Last year alone, KION reduced its greenhouse gas emissions by six percent. Sustainability also characterizes the Group's product portfolio. Around 85 percent of KION's industrial trucks are already powered electrically.
"Additionally, the project was developed in line with the criteria of BREEAM VERY GOOD certification, which guarantees compliance with the principles of sustainable development, "Katarzyna Kujawiak, Development Director Panattoni adds.
"The location of the facility is another aspect not to be ignored, enabling us to significantly optimise our own logistics within the Group, which benefits the environment, too. The new project was developed in the heart of Europe, right next to the German border. With such an advantageous location and the excellent infrastructure in the region, we can successfully supply EMEA markets (Europe, Middle East, Africa) and use the extensive network of local suppliers," explains plant manager Knut Angres, KION Group.
The project for KION Group was delivered by Panattoni in Kołbaskowo, in the vicinity of the A6 route, 2 km from the German border. The site is less than two hours' drive from Berlin and its airports. It takes only 40 minutes to get to the Szczecin airport, and twice as much to the Szczecin-Świnoujście seaport. Furthermore, the nearby S3 expressway, once completed, will connect Western Pomerania with Poznań, Wrocław and the Czech capital, Prague.


text:
Q: java.lang.noclassdeffounderror: org.ksoap2.serialization.SoapObject I got this no class def error: org.ksoap2.serialization.SoapObject error ever since I have updated Eclipse ADT Plug in and SDK Manager. I was using ksoap2-android-assembly-2.4-jar-with-dependencies.jar as external library for KSOAP. I thought that may be deprecated so i also added 2.6.2 version from here:http://code.google.com/p/ksoap2-android/source/browse/m2-repo/com/google/code/ksoap2-android/ksoap2-android-assembly/2.6.2/ksoap2-android-assembly-2.6.2-jar-with-dependencies.jar
I still get the error. I have also search for it through the site but nothing helped.
Please help.
Code:
SoapServis servis = new SoapServis(SoapServis.KULLANICI_KONTROL);

where constructor is:
public SoapServis(String metodAdi) {
    this.METHOD_NAME = metodAdi;
    this.Request = new SoapObject(NAMESPACE, METHOD_NAME);
}

A: What I did:

*

*Download ksoap2-android-assembly-2.6.5-jar-with-dependencies, if you see it comes with zip extension. Change it to jar extension.

*Copy the jar file to libs folder on your project.

*Rebuild your project.

A: Turns out external jars such as

ksoap2-android-assembly-2.6.2-jar-with-dependencies.jar

to be put under /libs folder so Eclipse ADT automatically adds your jars to the buildpath of your application. It was a buildpath missing defined class error after all.. I hope this will help you, too!
Mustafa

A: Go to Properties -> Java Build Path
Add ksoap2-android-assembly-2.6.2-jar-with-dependencies.jar as external jar
Go to the Order and Export tab on the same popup window
Check the box against the newly added jar
(see: NoClassDefFoundError - Eclipse and Android)

redpajama_set_name: RedPajamaStackExchange


text:
George Town Aerodrome , also known as George Town Airport, is a minor airport serving George Town, Tasmania, Australia which is operated by George Town Airport Association.

See also
 List of airports in Tasmania
 Official website

References

Airports in Tasmania


text:
Asian Games: From the sea to ponds, passion has many playing grounds
Rohit Brijnath
Assistant Sports Editor
PHOTO: COURTESY OF AISHATH SAUSAN
PHOTO: SAUSAN AISHATH
https://str.sg/oPFF
JAKARTA - Eels. Trash. Jellyfish.
Sausan Aishath is casually listing the impediments she occasionally faces while training in the Maldives. Her compatriots have described this at previous Games, but it still takes some digesting. Forget those hi-tech pools, she trains in a cordoned off section of the sea, her skill sandpapered in salt water. In an unequal world, we need reminding that passion has many playing grounds.
"Oh wait," she says with a grin. "Don't forget the tides." This is talent literally pulled in all directions.
Some nations come to the Asian Games armed with biomechanic experts, others come young and alone. Khadiza Akhter, who learnt to swim in a pond in Bangladesh, is 16 and is here with no coach. She came 24th in the 100m breaststroke heats. She beat two swimmers.
On Sunday at precisely 9am the heats began and this vast gathering of swimming's talent is one of the Games' signature moments. Above, the curving ceiling resembles waves; below, the pool deck drips with diverse dreams.
The Chinese Sun Yang is first after the heats of the 200m freestyle, the Mongolian Tengis Gotsbayar is 34th and last. But for a while in the warm-up pool, they are equals. Both have a right to be here. Both need to be here. There is no best without the rest.
Sun is stopped for interviews, but those who trail in the heats walk past the media mixed zone, stone-faced and sucking in oxygen. Almost no one wants a quote from them, almost no one cares. But they comprise the field and without them there is no contest.
They come from small towns with big dreams and they won't win medals but sometimes just self-respect. They might be invisible to you, a forlorn statistic, but the field has ambition. Like Sausan Aishath, they swim seas just to get here.
Sun may win the 200m freestyle, but that is not the only competition that is taking place. In a single race there are many contests. One swimmer wants bronze, another a personal best, a third wants to beat the ghost of a national swimmer from his nation whose time he has never beaten. They are all the best of parts of Asia.
There are first-timers here, mothers and Yesui Bayar, 18, an engineer's child from Erdenet, Mongolia. She came 16th out of 18 in the 200m backstroke, but it's up to us how we read that number - third last, or the 16th fastest in the most populous continent in the world.
There is Palestinian Mera Abushammaleh, who comes 21st out of 26 in the 100m breaststroke, answers calmly and says: "I get to show people around the world that Palestine can do something and we're still here." She is 16.
There's Haish Hassan Hussain, from the Maldives, 28th of 28 swimmers in the 100m back, an electrician's son who grins when I ask what's the best thing about these Games.
"Food," he says.
Of all the swimmers I stop for a chat, none refuses. Many don't have slick sports science at home, but none offers it as an excuse. They're here to play, swim, learn, compete. Gabriella Doueihy, 19, from Lebanon isn't happy because she's slower in the 1,500m than she was some weeks ago.
"Bad," she says, even though she has a nagging cough. The clock keeps everyone honest.
Saurabh Sangvekar of India, 24th of 34 swimmers in the 200m free heats, shakes my hand and then his head. He isn't thrilled either because he got too close to the wall which led to an imperfect turn. Swimmers train for years, travel far, then must put all their learning into a few perfect minutes. Most will err and then they sweat for four years to try again.
But the day's star is Aishath, whose eyes sparkle with laughter. She's 30 - "I feel old" she says - is studying, does housework, raises two kids, Nathan, seven, and Liam, five, and trains in the ocean. And she's grinning because it doesn't matter that she's the slowest of 18 competitors in the 200m back because she's faster than she's ever been.
"My personal best is 3:07 and I went 2:57. It's a new national record."
Now she's thinking of the Olympics where she's never been but has always dreamt of. She'll be 32 in 2020 and the Maldives, she says, sends only one male and female swimmer to the Olympics. Still, she's a mother on a mission.
We talk a while and as she leaves, it strikes me: No one at the pool deck knows her story but she's quietly writing it in her country's record books. That is her triumph. She won't win a medal at these Games and yet she's no different from those who stand on the podium.
For her, like them, every second counts.


How do you coordinate a multi-section information literacy lesson while ensuring all students have a quality experience? With LibGuides, of course!
In fall 2017, Arthur Lakes Library used a LibGuide for the "Scholarship as Conversation" lesson in the Mines' Freshman Success Seminar course. Roughly 1200 students, 92 peer mentors and 46 instructors rotated through a 50 minute lesson and library tour over the course of 10 days.
The CSM 101 LibGuide kept multiple instruction librarians on track, hosting both a Google slides presentation and links for the class activity. During the lesson, student were introduced to the Mines LibGuides collection and used the course guide to trace the conversation that developed as modern researchers build on the work of STEM giants such as Rosalind Franklin and Albert Einstein. This talk will describe the lessons learned and provide attendees with tips for using LibGuides to successfully implement large-scale information literacy lessons on the platform.


Pact Dance Group was formed 12 years ago by only 4 professional dancers – since then the group has gone from strength to strength with over 20 dancers! They have an extensive costume list, including Charleston, Can Can, Arabian, Las Vegas, Hawaiian, James Bond, Western, Bollywood, Rat Pack, Chicago and 50's through to 80's!
The Pact Dance Group work expertly as meet and greet showgirls for 30-40 min, and can also provide routines that work in some audience participation with your guests that is 15 min long!
I'm glad you had such a good day, and thank you so much, everyone was really impressed with how professional the girls were and how great they looked. Will definitely be in touch in the future.
I write to say thank you for the wonderful performances at our ball. Everyone commented on the magnificent Vegas feathers and Can Can costumes, the routines were all excellently presented and breath taking. Please say thank you to the girls for being so professional, we will definitely be in touch about future events.
The performers were amazing! The guests loved the dance routines, and the audience participation with the can-can dancers was a big hit. Thank you so much for making our day very special!


text:
The Catcher Back-Pick (2018)
There are runners on 1st and 2nd in the bottom of the 3rd inning. The home team is up 2-0 and looking to extend their lead with a two out rally after a single and a walk. The right-handed batter is down in the count 0-1 as he faces off against the right-handed starter. The catcher taps the outside of his leg quickly just before he puts down his sign. The first baseman taps his toes into the ground, and goes into his pre-pitch routine.
The Play:
The pitcher comes set, pauses briefly, and delivers as the runners bounce off the bases into their secondary lead. The pitch is a fastball, just off the outside corner, by design. It's a modified pitchout called by the catcher. The catcher receives the pitch and quickly snaps a strike down to the first baseman who has slipped in behind the runner.
The Outcome:
The runner realizes he's in trouble as he scrambles back towards the first base bag. The ball beats him and he tries to swim his right hand backwards to avoid the tag. Despite his last-ditched effort to get in safely, he is tagged out and the inning is over.
What Went Wrong:
This play highlights two important lessons. The first—a well-executed defensive play, and the second—a breakdown of the base running system. We'll start with the well-executed play by the defense.
This catcher back-pick play, set up from the catcher and relayed to the first baseman and pitcher shows a defense working together. The pitcher enables the catcher to call a modified pitchout because he got ahead in the count the previous pitch, and the catcher shows great awareness by noticing the trail runner being lazy getting back to the bag. The catcher tapping the outside of his leg prior to giving the pitch sign sets the wheels in motion, and the first baseman acknowledges he is on board with the play by tapping his toes into the ground. With everyone knowing their responsibilities, all that is left is execution. The pitcher starts the play off by giving as routine and boring of a delivery as possible (this is an important piece of the puzzle, as giving too much attention could tip the runners off or cause them to shorten their secondary leads). The pitcher then delivers a great throw for the catcher to handle, the catcher receives it well and gets rid of a strike quickly. The first baseman is in position to receive the throw, and easily tags out the runner. It's important to note that this is a designed play and likely one that has been practiced a lot. With everyone knowing where they should be and what to do, the play becomes much less of a risk than a random back-pick from the catcher.
On the other side of the play is the mistake by the trail runner. He likely wants to get a good jump on a ball in the gap to try to score, but he must realize where he is in relationship to the first base bag and work hard to not only get a good secondary lead, but also to get back to the base. The trail runner doesn't have a system in place to guard against the back pick, and he pays because of it. A good rule of thumb is to always take two hard steps back to the base after the catcher has secured the ball. If the back pick comes, you are well on your way to getting back to the base with the two hard steps and a dive. If the catcher gets the ball back to the pitcher routinely, you will see there is no threat during those two hard steps and can cruise back to the bag, making sure to know where the ball is at all times. The two hard steps back are a system that guards against the unexpected and remind the player to work hard both ways. You can bet that the next time the trail runner is in the same position, he'll be thinking the game and making sure not to get caught wandering back to the base and susceptible to the back pick. Once you have executed the system repeatedly, it no longer becomes a conscious thought and is done automatically. You can see the execution of the play right here.
back-pick Defense Offense On The Field Pitching Think The Game
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Missing the Cutoff (2018)
Patience Pays Off (2018)
Over Zealous Base Running (2018)
The Situation:  There's a runner at 1st base with two outs in the bottom of the 7th inning. The...
What it Takes to Make the Team: Starting Pitcher (2019)
One of  a pitcher's biggest accomplishments in college can be making the starting rotation. In...
Taking the Extra 90 (2019)
The Situation:  Man on second, 1 out. The 6-hitter is at the plate, and the count is 1-1. The game...
The Wrong Double Play Choice (2018)
The Situation: There are runners at first and second with nobody out in the top of the 5th. It's a...
Pitcher Knows His Strengths and Weaknesses (2019)
The Situation: A left-handed pitcher has developed the yips when throwing to 1st base. After...
Poor Decision Lets Base Runner Off the Hook (2019)
The Situation: It's the top of the 7th of a 3-3 game. After a walk and a base hit, the visiting...


Unbeatablesale.com is the leading online source for Ed Speldy East fashion jewelry. We currently stock 118 Ed Speldy East fashion jewelry and add more items every day.
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Quince and Apple makes small-batch preserves and craft cocktail syrups in Madison, Wisconsin. Started by husband and wife Matt and Clare Stoner Fehsenfeld in 2009, the small and mighty Quince and Apple team handcrafts each batch with excellent ingredients and tons of flavor. The goal is to combine sweet and savory in each recipe, a quality that gives the products a unique ability to pair with a variety of artisan cheeses and meats.


The OLPH Business/Networking Ministry will be conducting a session focusing on resume review and LinkedIn profile tips.
Leading the discussion will be mentors from our ministry team, including leading executive search firms, as well as other HR professionals. They will be offering advice and review of resumes and LinkedIn profiles.


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Jaw Pain Columbia, SC | Dr. Hahn can help.
Do experience pain in your jaw? Does it hurt when you open and close it, or just seem sore all the time? Do you feel aches and soreness that seem to penetrate to the bone in your jaw? If so, TMJ may be the cause, especially if you have other TMJ symptoms like recurring headaches and neck pain.
TMJ can be a hard ailment to diagnose. If you have talked to your doctor about your symptoms, but haven't gotten relief, we may be able to help. Please call (803) 781-9090 or email Smile Columbia Dentistry in Columbia, SC today to talk to us about your symptoms.
The diverse types of pain come from the complexity of the mouth joint system. In TMJ, imbalance in the joint may make the muscles strain against the hard tissues of the teeth and jaw. The joint itself may have a degraded or displaced disc, and the bones may grind painfully. The pressure from a poorly fitting bite may lead to soreness in the teeth and bone, which may be constant, or may come and go with episodes of teeth grinding. TMJ may also result in pinched nerves that can result in sharp pain or its opposite—numbness.
The type of jaw pain you experience may be linked to other TMJ symptoms you experience. For example, sore muscles may be linked to recurring TMJ tension headaches and neck and upper back pain. Pinched nerve pain may be associated with ringing in the ears or migraine headaches. Soreness in your teeth and jaw bone may be associated with worn and broken teeth.
During your consultation, we encourage you to talk about all your symptoms to make sure you get an accurate diagnosis and treatment that gives you full relief.
Dr. Adam Hahn has received extensive training on the diagnosis and treatment of TMJ. All our dental assistants have also been educated on TMJ principles. We work together to ensure you get the best TMJ treatment possible. We have helped other people in Columbia to get relief from their TMJ symptoms, and we would like to help you.
Don't live with TMJ jaw pain. Please call (803) 781-9090 or contact Smile Columbia Dentistry in Columbia, SC for an appointment.