text:
American marten
Genus: Martes
Species: M. americana
Martes americana
(Turton, 1806)
M. a. americana[2]
M. a. abieticola
M. a. abietinoides
M. a. actuosa
M. a. atrata
M. a. caurina
M. a. humboldtensis
M. a. kenaiensis
M. a. nesophila
M. a. origensis
M. a. sierrae
M. a. vancouverensis
M. a. vulpina
American marten range
The American marten or American pine marten[1] (Martes americana) is a North American member of the family Mustelidae, sometimes referred to as the pine marten. The name "pine marten" is derived from the common but distinct Eurasian species of Martes. It differs from the fisher (Martes pennanti) in that it is smaller in size and lighter in colour.
2 Home range
4.1 Weather factors
5.2 Denning behavior
5.3 Development of young
6 Food habits
7 Mortality
7.1 Life span
7.2 Predators
7.3 Hunting
The American marten is broadly distributed in northern North America. From north to south its range extends from the northern limit of treeline in arctic Alaska and Canada to northern New Mexico. From east to west its distribution extends from Newfoundland and south west to Napa County, California. In Canada and Alaska, American marten distribution is vast and continuous. In the western United States, American marten distribution is limited to mountain ranges that provide preferred habitat. Over time, the distribution of American marten has contracted and expanded regionally, with local extirpations and successful recolonizations occurring in the Great Lakes region and some parts of the Northeast.[3] The American marten has been reintroduced in several areas where extinction occurred.[4]
The marten lives in mature coniferous or mixed forests in Alaska and Canada, the Pacific Northwest of the United States[5] and south into Northern New England[6][7][8] and through the Rocky Mountains and Sierra Nevada. Small groups of martens live in the Midwest in Minnesota and Wisconsin. Trapping and destruction of forest habitat have reduced its numbers, but it is still much more abundant than the larger fisher. The Newfoundland subspecies of this animal (Martes americana atrata) is considered to be threatened.
Home range[edit]
Compared to other carnivores, American marten population density is low for their body size. One review reports population densities ranging from 0.4 to 2.5 individuals/km2.[3] Population density may vary annually[9] or seasonally.[10] Low population densities have been associated with low abundance of prey species.[3]
Home range size of the American marten is extremely variable, with differences attributable to sex,[11][12][13][14] year, geographic area,[3] prey availability,[3][15] cover type, quality or availability,[3][15] habitat fragmentation,[16] reproductive status, resident status, predation,[17] and population density.[15] Home range size does not appear to be related to body size for either sex.[11] Home range size ranged from 0.04 sq mi (0.1 km2) in Maine to 6.1 sq mi (15.7 km2) in Minnesota for males, and 0.04 sq mi (0.1 km2) in Maine to 3.0 sq mi (7.7 km2) in Wisconsin for females.[15]
Males generally exhibit larger home ranges than females,[11][12][13][14] which some authors suggest is due to more specific habitat requirements of females (e.g., denning or prey requirements) that limit their ability to shift home range.[12] However, unusually large home ranges were observed for 4 females in two studies (Alaska[18] and Quebec[9]). Males and females in northeastern California appeared to have approximately equal home range size.[19]
Home ranges are indicated by scent-marking. American marten male pelts often show signs of scarring on the head and shoulders, suggesting intrasexual aggression that may be related to home range maintenance.[15] Home range overlap is generally minimal or nonexistent between adult males[10][13][20] but may occur between males and females,[10][13] adult males and juveniles,[13][21] and between females.[22]
Several authors have reported that home range boundaries appear to coincide with topographical or geographical features. In northeastern California, movements and home range boundaries were influenced by cover, topography (forest-meadow edges, open ridgetop, lakeshores), and other American marten.[19] In south-central Alaska, home range boundaries included creeks and a major river.[13] In an area burned 8 years previously in interior Alaska, home range boundaries coincided with transition areas between riparian and nonriparian habitats.[22] In northwestern Montana, home range boundaries appeared to coincide with the edge of large open meadows and burned areas; the authors suggested that open areas represent a "psychological rather than physical barriers".[23]
The American marten is a long, slender-bodied weasel about the size of a mink with relatively large rounded ears, short limbs, and a bushy tail. American marten have a roughly triangular head and sharp nose. Their long, silky fur ranges in colour from pale yellowish buff to tawny brown to almost black. Their head is usually lighter than the rest of their body, while the tail and legs are darker. American marten usually have a characteristic throat and chest bib ranging in color from pale straw to vivid orange.[4] Sexual dimorphism is pronounced, with males averaging about 15% larger than females in length and as much as 65% larger in body weight.[4] Body length ranges from 1.5 to 2.2 feet (0.5–0.7 m). Adult weight ranges from 1.1 to 3.1 pounds (0.5–1.4 kg) and varies by age and location. Other than size, sexes are similar in appearance.[3] American marten have limited body-fat reserves, experience high mass-specific heat loss, and have a limited fasting endurance. In winter, individuals may go into shallow torpor daily to reduce heat loss.[24]
Behavior[edit]
American marten activity patterns vary by region,[15] though in general, activity is greater in summer than in winter.[4][24] American marten may be active as much as 60% of the day in summer but as little as 16% of the day in winter.[24] In north-central Ontario individuals were active about 10 to 16 hours a day in all seasons except late winter, when activity was reduced to about 5 hours a day. In south-central Alaska, American marten were more active in autumn (66% active) than in late winter and early spring (43% active).[13] In northeastern California, more time was spent traveling and hunting in summer than in winter, suggesting that reduced winter activity may be related to thermal and food stress or may be the result of larger prey consumption and consequent decrease in time spent foraging.[25]
American marten may be nocturnal or diurnal. Variability in daily activity patterns has been linked to activity of major prey species,[15][25] foraging efficiency,[13] gender, reducing exposure to extreme temperatures,[13][15][22] season,[20][24][25] and timber harvest. In northeastern California, activity in the snow-free season (May–December) was diurnal, while winter activity was largely nocturnal.[25] In south-central Alaska, American marten were nocturnal in autumn, with strong individual variability in diel activity in late winter. Activity occurred throughout the day in late winter and early spring.[13]
Daily distance traveled may vary by age,[18] gender, habitat quality, season,[20] prey availability, traveling conditions, weather, and physiological condition of the individual. Year-round daily movements in Grand Teton National Park ranged from 0 to 2.83 miles (0–4.57 km), averaging 0.6 mile (0.9 km, observations of 88 individuals).[20] One marten in south-central Alaska repeatedly traveled 7 to 9 miles (11–14 km) overnight to move between 2 areas of home range focal activity.[13] One individual in central Idaho moved as much as 9 miles (14 km) a day in winter, but movements were largely confined to a 1,280-acre (518 ha) area. Juvenile American marten in east-central Alaska traveled significantly farther each day than adults (1.4 miles (2.2 km) vs. 0.9 mile (1.4 km)).[18]
Weather factors[edit]
American marten standing in a snowy glade
Weather may impact American marten activity, resting site use, and prey availability. Individuals may become inactive during storms or extreme cold.[15][26] In interior Alaska, a decrease in above-the-snow activity occurred when ambient temperatures fell below −4 °F (−20 °C).[22] In southeastern Wyoming, temperature influenced resting site location. Above-snow sites were used during the warmest weather, while subnivean sites were used during the coldest weather, particularly when temperatures were low and winds were high following storms. High mortality may occur if American marten become wet in cold weather, as when unusual winter rains occur during live trapping.[4] In southeastern Wyoming, temperature was linked to resting site use; above-snow sites were used during the warmest weather, while subnivean sites were used during the coldest weather. In Yosemite National Park, drought conditions increased the diversity of prey items; American marten consumed fish and small mammal species made more accessible by low snow conditions in a drought year.[26]
A snowy habitat in many parts of the range of the American marten provides thermal protection[21] and opportunities for foraging and resting.[20] American marten may travel extensively under the snowpack. Subnivean travel routes of >98 feet (30 m) were documented in northeastern Oregon,[27] >33 feet (10 m) on the Upper Peninsula of Michigan,[27] and up to 66 feet (20 m) in Wyoming.[20]
American marten are well adapted to snow. On the Kenai Peninsula, individuals navigated through deep snow regardless of depth, with tracks rarely sinking >2 inches (5 cm) into the snowpack. Snowfall pattern may affect distribution, with the presence of American marten linked to deep snow areas.[21]
Adaptations to deep snow are particularly important in areas where the American marten is sympatric with the fisher, which may compete with and/or prey on American marten. In California, American marten were closely associated with areas of deep snow (>9 inches (23 cm)/winter month), while fishers were more associated with shallow snow (<5 inches (13 cm)/winter month). Overlap zones were areas with intermediate snow levels. Age and recruitment ratios suggested that there were few reproductive American marten where snow was shallow and few reproductive fishers where snow was deep.[28]
Where deep snow accumulates, American marten prefer cover types that prevent snow from packing hard and have structures near the ground that provide access to subnivean sites.[29] While American marten select habitats with deep snow, they may concentrate activity in patches with relatively shallow snow. In north-central Idaho, American marten activity was highest in areas where snow depths were <12 inches (30 cm). This was attributed to easier burrowing for food and more shrub and log cover.[30]
American marten reach sexual maturity by 1 year of age, but effective breeding may not occur before 2 years of age.[24] In captivity, 15-year-old females bred successfully.[4][31] In the wild, 12-year-old females were reproductive.[31]
Adult American marten are generally solitary except during the breeding season.[4] They are polygamous, and females may have multiple periods of heat.[31] Females enter estrus in July or August,[24] with courtship lasting about 15 days.[4] Embryonic implantation is delayed until late winter, with active gestation lasting approximately a month. Females give birth in late March or April to a litter ranging from 1 to 5 kits.[24] Annual reproductive output is low according to predictions based on body size. Fecundity varies by age and year and may be related to food abundance.[3]
Denning behavior[edit]
Females use dens to give birth and to shelter kits. Dens are classified as either natal dens, where parturition takes place, or maternal dens, where females move their kits after birth.[3] American marten females use a variety of structures for natal and maternal denning, including the branches, cavities or broken tops of live trees, snags,[20] stumps, logs,[20] woody debris piles, witch's brooms, rock piles, and red squirrel (Tamiasciurus hudsonicus) nests or middens. Females prepare a natal den by lining a cavity with grass, moss, and leaves.[15] They frequently move kits to new maternal dens once kits are 7–13 weeks old. Most females spend more than 50% of their time attending dens in both preweaning and weaning periods, with less time spent at dens as kits aged. Paternal care has not been documented.[3]
Development of young[edit]
Weaning occurs at 42 days. Young emerge from dens at about 50 days but may be moved by their mother before this.[3] In northwestern Maine, kits were active but poorly coordinated at 7 to 8 weeks, gaining coordination by 12 to 15 weeks. Young reach adult body weight around 3 months.[24]
Kits generally stay in the company of their mother through the end of their first summer, and most disperse in the fall.[3] The timing of juvenile dispersal is not consistent throughout American marten's distribution, ranging from early August to October.[3] In south-central Yukon, young-of-the-year dispersed from mid-July to mid-September, coinciding with the onset of female estrus.[10] Observations from Oregon[17] and Yukon[10] suggest that juveniles may disperse in early spring. Of 9 juvenile American marten that dispersed in spring in northeastern Oregon, 3 dispersed a mean of 20.7 miles (33.3 km) (range: 17.4–26.8 miles (28.0–43.2 km)) and established home ranges outside of the study area. Three were killed after dispersing distances ranging from 5.3 to 14.6 miles (8.6–23.6 km), and 3 dispersed a mean of 5.0 miles (8.1 km) (range: 3.7–6.0 miles (6.0–9.6 km)) but returned and established home ranges in the area of their original capture. Spring dispersal ended between June and early August, after which individuals remained in the same area and established a home range.[17]
Food habits[edit]
American marten are opportunistic predators, influenced by local and seasonal abundance and availability of potential prey.[24] They require about 80 kcal/day while at rest, the equivalent of about 3 voles (Microtus, Myodes, and Phenacomys spp.).[15] Voles dominate diets throughout the American marten's geographic range,[24] though larger prey—particularly snowshoe hares—may be important, particularly in winter.[21] Red-backed voles (Myodes spp.) are generally taken in proportion to their availability, while meadow voles (Microtus' spp.) are taken in excess of their availability in most areas. Deer mice (Peromyscus maniculatus) and shrews (Soricidae) are generally eaten less than expected, but may be important food items in areas lacking alternative prey species.[3] Birds were the most important prey item in terms of frequency and volume on the Queen Charlotte Islands, British Columbia. Fish may be important in coastal areas.[32]
American marten diet may shift seasonally[13][19][21][25][30] or annually.[13][26] In general, diet is more diverse in summer than winter, with summer diets containing more fruit, other vegetation, and insects. Diet is generally more diverse in the eastern and southern parts of American marten's distribution compared to the western part,[24] though there is high diversity in the Pacific states. American marten exhibit the least diet diversity in the subarctic, though diversity may also be low in areas where the diet is dominated by large prey species (e.g., snowshoe hares or red squirrels).[33]
American marten may be important seed dispersers; seeds generally pass through the animal intact, and seeds are likely germinable. One study from Chichagof Island, southeast Alaska, found that Alaska blueberry (Vaccinium alaskensis) and ovalleaf huckleberry (V. ovalifolium) seeds had higher germination rates after passing through the gut of American marten compared to seeds that dropped from the parent plant. Analyses of American marten movement and seed passage rates suggested that American marten could disperse seeds long distances: 54% of the distances analyzed were >0.3 mile (0.5 km).[34]
Mortality[edit]
Footage of an American marten in a tree in New Hampshire
Life span[edit]
American marten in captivity may live for 15 years. The oldest individual documented in the wild was 14.5 years old. Survival rates vary by geographic region, exposure to trapping, habitat quality, and age. In an unharvested population in northeastern Oregon, the probability of survival of American marten ≥9 months old was 0.55 for 1 year, 0.37 for 2 years, 0.22 for 3 years, and 0.15 for 4 years. The mean annual probability of survival was 0.63 for 4 years.[35] In a harvested population in east-central Alaska, annual adult survival rates ranged from 0.51 to 0.83 over 3 years of study. Juvenile survival rates were lower, ranging from 0.26 to 0.50.[18] In Newfoundland, annual adult survival was 0.83. Survival of juveniles from October to April was 0.76 in a protected population, but 0.51 in areas open to snaring and trapping.[16] In western Quebec, natural mortality rates were higher in clearcut areas than in unlogged areas.[36]
American marten are vulnerable to predation from raptors and other carnivores. The threat of predation may be an important factor shaping American marten habitat preferences, a hypothesis inferred from their avoidance of open areas and from behavioral observations of the European pine marten (Martes martes).[3] Specific predators vary by geographic region. In Newfoundland, red foxes (Vulpes vulpes) were the most frequent predator, though coyote (Canis latrans) and other American marten were also responsible for some deaths.[16] In deciduous forests in northeastern British Columbia, most predation was attributed to raptors.[14] Of 18 American marten killed by predators in northeastern Oregon, 8 were killed by bobcats (Lynx rufus), 4 by raptors, 4 by other American marten, and 2 by coyotes. Throughout the distribution of American marten, other predators include the great horned owl (Bubo virginianus), bald eagle (Haliaeetus leucocephalus), golden eagle (Aquila chrysaetos), Canada lynx (L. canadensis), mountain lion (Puma concolor),[4][31] fisher (M. pennanti), wolverine (Gulo gulo), grizzly bear (Ursus arctos horribilis), American black bear (U. americanus), and gray wolf (C. lupus).[22] In northeastern Oregon, most predation (67%) occurred between May and August, and no predation occurred between December and February.[35]
Hunting[edit]
The fur of the American marten is shiny and luxuriant, resembling that of the closely related sable. At the turn of the twentieth century, the American marten population was depleted due to the fur trade. The Hudson's Bay Company traded in pelts from this species among others. Numerous protection measures and reintroduction efforts have allowed the population to increase, but deforestation is still a problem for the marten in much of its habitat. American marten are trapped for their fur in all but a few states and provinces where they occur.[24] The highest annual trapping rate in North America was in 1820 (272,000).[15]
Trapping is a major source of American marten mortality in some populations[18][36] and may account for up to 90% of all deaths in some areas.[3] Overharvesting has contributed to local extirpations.[37] Trapping may impact population density, sex ratios and age structure.[3][15][24] Juveniles are more vulnerable to trapping than adults,[16][37] and males are more vulnerable than females.[3][16] American marten are particularly vulnerable to trapping mortality in industrial forests.[24]
Other sources of mortality include drowning,[27] starvation,[38] exposure,[35] choking, and infections associated with injury.[16] During live trapping, high mortality may occur if individuals become wet in cold weather.[4]
American marten host several internal and external parasites, including helminths, fleas (Siphonaptera), and ticks (Ixodida).[15] American marten in central Ontario carried both toxoplasmosis and Aleutian disease, but neither affliction was suspected to cause significant mortality.[31] High American marten mortality in Newfoundland was caused by encephalitis.[38]
Template:USDA
^ Martes americana, MSW3
^ a b c d e f g h i j k l m n o p q r Buskirk, Steven W.; Ruggiero, Leonard F. 1994. American marten. In: Ruggiero, Leonard F.; Aubry, Keith B.; Buskirk, Steven W.; Lyon, L. Jack; Zielinski, William J., tech. eds. The scientific basis for conserving carnivores: American marten, fisher, lynx, and wolverine. Gen. Tech. Rep. RM-254. Fort Collins, CO: U.S. Department of Agriculture, Forest Service, Rocky Mountain Forest and Range Experiment Station: 7–37.
^ a b c d e f g h i j Lua error in Module:Citation/CS1/Identifiers at line 42: attempt to index a nil value.
^ Larrison, Patrick and Larrison, Earl J. (1976). Mammals of the Northwest ISBN 0-914516-04-3
^ List of Vermont's Wild Mammals. (PDF) Retrieved on 2011-05-28.
^ List of Wild Mammals in Maine. (PDF) . Retrieved on 2011-05-28.
^ List of New Hampshire Wildlife. Wildlife.state.nh.us. Retrieved on 2011-05-28.
^ a b c d e Archibald, W. R.; Jessup, R. H. (1984). Population dynamics of the pine marten (Martes americana) in the Yukon Territory. In: Olson, Rod; Hastings, Ross; Geddes, Frank, eds. Northern ecology and resource management: Memorial essays honouring Don Gill. Edmonton, Alberta: The University of Alberta Press: 81–97
^ a b c Lua error in Module:Citation/CS1/Identifiers at line 42: attempt to index a nil value.
^ a b c d e f g h i j k l m Buskirk, Steven William. (1983). The ecology of marten in southcentral Alaska. Fairbanks, AK: University of Alaska. Dissertation
^ a b c d e f g h i j k l m n Strickland, Marjorie A.; Douglas, Carman W. (1987). Marten. In: Novak, Milan; Baker, James A.; Obbard, Martyn E.; Malloch, Bruce, eds. Wild furbearer management and conservation in North America. North Bay, ON: Ontario Trappers Association: 531–546
^ a b c d e f Hearn, Brian J. (2007). Factors affecting habitat selection and population characteristics of American marten (Martes americana atrata) in Newfoundland. Orono, ME: The University of Maine. Dissertation
^ a b c d e Shults, Bradley Scott. (2001). Abundance and ecology of martens (Martes americana) in interior Alaska. Fairbanks, AK: University of Alaska. Thesis
^ a b c Simon, Terri Lee. (1980). An ecological study of the marten in the Tahoe National Forest, California. Sacramento, CA: California State University. Thesis
^ a b c d e f g h Hauptman, Tedd N. (1979). Spatial and temporal distribution and feeding ecology of the pine marten. Pocatello, ID: Idaho State University. Thesis
^ a b c d e Schumacher, Thomas V.; Bailey, Theodore N.; Portner, Mary F.; Bangs, Edward E.; Larned, William W. (1989). Marten ecology and distribution on the Kenai National Wildlife Refuge, Alaska. Draft manuscript. Soldotna, AK: U.S. Fish and Wildlife Service, Kenai National Wildlife Refuge. On file with: U.S. Department of Agriculture, Forest Service, Rocky Mountain Research Station, Fire Sciences Lab, Missoula, MT; FEIS files
^ a b c d e Vernam, Donald J. (1987). Marten habitat use in the Bear Creek burn, Alaska. Fairbanks, AK: University of Alaska. Thesis
^ a b c d e f g h i j k l m n Powell, Roger A.; Buskirk, Steven W.; Zielinski, William J. (2003). Fisher and marten: Martes pennanti and Martes americana. In: Feldhamer, George A.; Thompson, Bruce C.; Chapman, Joseph A., eds. Wild mammals of North America: Biology, management, and conservation. 2nd ed. Baltimore, MD: The Johns Hopkins University Press: pp. 635–649 ISBN 978-0-8018-7416-1
^ a b c d e Lua error in Module:Citation/CS1/Identifiers at line 42: attempt to index a nil value.
^ a b c Hargis, Christina Devin. (1981). Winter habitat utilization and food habits of the pine marten (Martes americana) in Yosemite National Park. Berkeley, CA: University of California. Thesis
^ a b c Thomasma, Linda Ebel. (1996). Winter habitat selection and interspecific interactions of American martens (Martes americana) and fishers (Martes pennanti) in the McCormick Wilderness and surrounding area. Houghton, MI: Michigan Technological University. Dissertation
^ Buskirk, Steven W.; Powell, Roger A. Habitat ecology of fishers and American martens. in Buskirk, pp. 283–296
^ a b c d e Strickland, Marjorie A.; Douglas, Carman W.; Novak, Milan; Hunziger, Nadine P. (1982). Marten: Martes americana. In: Chapman, Joseph A.; Feldhamer, George A., eds. Wild mammals of North America: biology, management, and economics. Baltimore, MD: The Johns Hopkins University Press, pp. 599–612 ISBN 0-8018-2353-6
^ Nagorsen, David W.; Campbell, R. Wayne; Giannico, Guillermo R. (1991). Winter food habits of marten, Martes americana, on the Queen Charlotte Islands. The Canadian Field-Naturalist. 105(1): 55–59
^ Martin, Sandra K. 1994. Feeding ecology of American martens and fishers, in Buskirk, pp. 297–315
^ Hickey, Jena R. (1997). The dispersal of seeds of understory shrubs by American martens, Martes americana, on Chichagof Island, Alaska. Laramie, WY: University of Wyoming. Thesis
^ a b Potvin, Francois; Breton, Laurier. (1995). Short-term effects of clearcutting on martens and their prey in the boreal forest of western Quebec. In: Proulx, Gilbert; Bryant, Harold N.; Woodard, Paul M., eds. Martes: taxonomy, ecology, techniques, and management: Proceedings of the 2nd international Martes symposium; 1995 August 12–16; Edmonton, AB. Edmonton, AB: University of Alberta Press: 452–474
^ a b Berg, William E.; Kuehn, David W. Demography and range of fishers and American martens in a changing Minnesota landscape, in Buskirk, pp. 262–271
^ a b Fredrickson, Richard John. (1990). The effects of disease, prey fluctuation, and clear cutting on American marten in Newfoundland. Logan, UT: Utah State University. Thesis.
Smithsonian Institution – North American Mammals: Martes americana
Buskirk, Steven W.; Harestad, Alton S.; Raphael, Martin G.; Powell, Roger A., eds. (1994). Martens, sables, and fishers: Biology and conservation. Ithaca, NY: Cornell University Press, ISBN 0-8014-2894-7
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text:
When we are dealing with death we are constantly being dragged down by the event: Humor diverts our attention and lifts our sagging spirits. Allen Klein
When we are dealing with death we are constantly being dragged down by the event: Humor diverts our attention and lifts our sagging spirits.
I start thinking about life after death. I've got to quit thinking about it because it's very deep. Very deep. Sometimes you start thinking about it	and you don't feel like you want to be alive	so I don't like to get all quiet.
What we think of as our sensitivity is only the higher evolution of terror in a poor dumb beast. We suffer for nothing. Our own death wish is our only real tragedy.
So here is one of my theories on happiness: we cannot know if we have lived a truly happy life until the very end. This view of life and death was reinforced by my close witnessing of the buildup to the death of Philip Gould. Philip was without doubt my closest friend in politics. When he died	I felt like I had lost a limb.
Alastair Campbell
I'm not on the run from anything and I'm not at all clear about what I'm running towards. But as some great writer put it	I want to be certain that when I arrive at death	I'm totally exhausted.
Planning to play: that's what saving for retirement is today - and it is antithetical to the nature of play	fully within the definition of work	and blissfully ignorant of the reality of death.
John Thorn
I was in two episodes playing Christopher Reeve's character's emissary. They wanted to have my character announce Dr Swan's death	which I thought was exploitative.
The death penalty is being applied in the United States as a fatal lottery.
As a reward for their efforts	however	those early Christians were beaten	stoned to death	thrown to the lions	tortured and crucified. Every conceivable method was used to stop them from talking.
I think that much of this was running in background as I contemplated whether or not to attend the PS 99 reunion	although I certainly anticipated that I would not it smelled like death	not youth.
Depakote also has a really bad side effect	which is death.
Death is a very important part of life.
If you think aficionados of a living Constitution want to bring you flexibility	think again. You think the death penalty is a good idea? Persuade your fellow citizens to adopt it. You want a right to abortion? Persuade your fellow citizens and enact it. That's flexibility.
Most of the debate over the cultures of death and life is about process. The debate focuses on the technology available to determine how we prolong life and how and when we end it.
When I was on a major label I felt obliged to say yes to every interview	tour and whatever else. The label is always telling you	'This ain't going to last	' so I worked myself half to death. I learnt from that and I like to pace myself now.
I believe the death of Bobby Kennedy was in many ways the death of decency in America. I think it was the death of manners and formality	the death of poetry and the death of a dream.
Emilio Estevez
Authors Wrote About Death
Stanislav Grof 18 Quotations
Samuel Butler 8 Quotations
Jack Kevorkian 7 Quotations
Jean Cocteau 6 Quotations
Elisabeth Kubler-Ross 6 Quotations
George Eliot 5 Quotations
Maurice Sendak 5 Quotations
Woody Allen 5 Quotations
Arthur Schopenhauer 5 Quotations
Jeanne Moreau 5 Quotations
Joseph Stalin 5 Quotations
Aeschylus 5 Quotations
William Shakespeare 5 Quotations
Anais Nin 4 Quotations
Douglas Horton 4 Quotations
Abu Bakr 4 Quotations
Jean de la Bruyere 4 Quotations
Marcus Aurelius 4 Quotations
Mark Twain 4 Quotations
Thomas Mann 4 Quotations

redpajama_set_name: RedPajamaCommonCrawl


Marco Rubio says George W. Bush was a great president. Clearly he didn't get the "GOP officials must deny the existence of George W. Bush" memo.
Daily Kos talks about a new book about the need for liberals to rethink the Constitution.
Jezebel looks at the scariest places for women to live in America.


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text:
'Mom's Good Move' Five years ago, independent producer Dan Collison chronicled his mother's move into a retirement home in California. Now, Collison updates his 84-year-old mother's story as she faces another move to a section of a retirement community where she'll receive more assistance.
'Mom's Good Move'
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November 25, 200512:00 AM ET
Five years ago, independent producer Dan Collison chronicled his mother's move into a retirement home in California. Now, Collison updates his 84-year-old mother's story as she faces another move to a section of a retirement community where she'll receive more assistance.
MICHELE NORRIS, host:
From NPR News, this is ALL THINGS CONSIDERED. I'm Michele Norris.
Many of us spend the first half of our lives striving for freedom and independence. Early on, it's developmental; later, it's about freedom from Mom and Dad; as adults, we aim for financial freedom. Then late in life, the process starts to reverse. We become more dependent for medical care, for transportation, and that can be frustrating. Independent producer Dan Collison has been tracking that late-life process through the experiences of his mother, Peg. His series is called Mom's Good Move. Five years ago we aired three stories about Peg Collison as she moved from her longtime home to a retirement facility in California. Recently Dan Collison visited his mother to help with another move.
DAN COLLISON reporting:
I figured I'd surprise Mom, so I got off the plane and went and picked up a bunch of flowers.
Hello. I'm here to see Peg Collison, Margaret(ph).
But the surprise was on me.
Ms. PEG COLLISON (Dan's Mother): Well, there you are.
COLLISON: What are you doing on the floor?
Ms. COLLISON: I'm sorry.
COLLISON: As I walked into her room, she was sitting on the floor in the middle of a doorway. Her legs were out in front of her, and she was supporting herself with her elbows, sort of like she was waiting for the band to start playing at an outdoor concert.
Unidentified Woman #1: Are you in any pain?
Ms. COLLISON: Well, I was in pain before, you know. This is the bad knee.
COLLISON: A whole team of nurses crowded around her.
Unidentified Woman #2: What happened? How'd you fall?
COLLISON: She didn't seem to be hurt. She was pretty confused about things. Her wheelchair and her walker were both about 10 feet from her, meaning that she must have scooted somehow on her behind across the floor for some distance.
Unidentified Woman #3: Were you walking without the walker?
Ms. COLLISON: Yeah, I remember the--something going forward, and I remember letting out a yell, but nobody seemed to hear me.
COLLISON: It had been about six months since I'd seen Mom, and I knew she'd been having more and more problems, but I have to admit I don't think I was quite prepared for this.
Unidentified Man #1: We had another little accident.
COLLISON: I was so shaken up, I dropped the flower vase that I was putting her flowers into and it shattered all over the room. Hundreds of pieces scattered about.
Unidentified Man #2: The Collison family is wreaking havoc.
Unidentified Woman #4: Let me see who I can get to clean that up.
COLLISON: You wonder why I brought this microphone?
Ms. COLLISON: Well, you brought it so I could talk into it.
COLLISON: Mom's an old pro at talking into a tape recorder. She documented her move with her partner Chaz in the spring of 2000, from her home where she lived for more than 30 years in San Mateo, California, to the University Retirement Community in Davis, California, near Sacramento. It was by all accounts a good move.
Ms. COLLISON: I'm sitting in the ladder-back chair and I'm looking out the window at fluffy white clouds in a blue sky.
COLLISON: This was Mom about a week after she and Chaz had settled into her two-bedroom independent living apartment up on the fourth floor.
Ms. COLLISON: It's nice to know that this is home now, and it feels like home. And we were very, very comfortable and happy that we've made this move.
COLLISON: A lot has happened since Mom's Good Move, and sadly much of it is not good. In 2003, Mom got breast cancer, and during her radiation treatments, Chaz, her partner of 10 years who she got together with after my dad died, passed away. After that, she went into a pretty severe depression. And at the same time, her physical health eroded. A degenerative knee that her doctor, Jim Sheebrol(ph), says is probably the worst knee he's ever seen on any human being, and chronic lower back pain, has her alternating between a walker on good days and a wheelchair most of the time.
Dr. JIM SHEEBROL (Peg's Doctor): And then as I cared for her, through time, she started to slip into a dementia process which, to our best guess, is an Alzheimer's-type process and likely progressive. So she's been in this prolonged run of just losses. When do the gains come, you know? And that's very difficult.
COLLISON: Her most recent loss was having to give up that sunny independent living apartment on the fourth floor.
(Soundbite of packing tape)
COLLISON: My brother Frank and I are packing up her smaller assisted living apartment on the second floor, which she lived in for just four or five weeks, and getting her settled into her room in skilled nursing, which is on the ground floor.
FRANK (Dan's Brother): I'm trying to be organized, because that's the only way I can keep my sanity here. Excuse me.
FRANK: I feel very sad that she is, each time, losing more and more possessions. There's a play called the--What's it called?--it's by Boris Vian, and in each act this family flees to a higher and higher room in a building and they have less and less until the final act is just the father left in a 4-by-8 room. And kind of Mom's space has diminished over the years and--along with her health.
COLLISON: To some residents here, the idea of skilled nursing is that it's a place where one is sentenced to. It doesn't have real good memories for Mom because it was where Chaz died. So I asked her how she feels about making it her new home.
Ms. COLLISON: I think it's--as of now, it sounds like a practical idea. But I haven't thought things over or talked things over very much.
COLLISON: The fact is she doesn't like to be in skilled nursing at all, and I know that, and she doesn't really like to talk about it.
Ms. COLLISON: Take it away. I can't do it.
COLLISON: She asks me to turn the tape recorder off.
Ms. COLLISON: And I don't mean I can't do more. I mean, I can't voice my feelings.
COLLISON: Off tape, she did talk more openly, and she talked about having things taken from her, things like her apartment and her car, her driving privileges and really her independence. And she got teary-eyed and talked about feeling totally overwhelmed and powerless about all these things. And then she raised the idea of moving in with my wife and me, and she said she would clean our house and walk the dog and even talked about starting a little knitting or sewing shop. And you know, I actually wasn't sure if she was serious or not. Later on, she claimed she never made the housecleaning offer.
COLLISON: There were times after we brought down all the belongings of hers that would fit into a room that Mom seemed to be starting to accept this latest move. She'd hum along to Oscar Peterson on her boom box beside her bed. She would read poetry. She loves reading poetry. And she even invited her friends and fellow residents, Jim and Nancy Pollack, over to see what she called her new homey room.
Ms. COLLISON: Come in and admire the decor.
Mr. JIM POLLACK: Yeah.
Ms. NANCY POLLACK: Yes.
I'm glad to see her in the acceptance mood of where she is, and I think that's very difficult for anybody, and especially for a very independent person like Peg. But she is coming around very well, I feel, in a healthy way.
(Soundbite of television programming)
Unidentified Woman #5: Happy new year to the West Coast of the United States.
COLLISON: But the whole time I was there, I kept thinking about this scene from Mom's Good Move, the series we produced together, and how Mom really hadn't been banking on living a life by herself.
Ms. COLLISON: Well, it's the year 2000, and Chaz and I are--have celebrated all evening long, and it seems to be a good time to think about how we feel about that new year. And I'm pretty excited about the idea of going into a new place and a new town. What about you?
CHAZ (Peg's Partner): Well, I just--going to be a complete change in our lives.
Ms. COLLISON: Now you say a complete change.
CHAZ: Well...
Ms. COLLISON: I know what you mean, but what do you think is still going to be the same? What will we still have?
CHAZ: Each other, obviously.
Ms. COLLISON: Happy new year, my dear.
CHAZ: Happy new year to you, love.
Ms. COLLISON: I'm really--I really think it's going to be great, as long as we're together.
Well, I remember when I said that and thought to myself that maybe that's a little--reaching a little too far, knowing how his health was. But there are times where the past looked much appealing than the present.
COLLISON: She's a very bright lady. She can see the writing on the wall. And if you polled the nation and you put it out there, this is everybody's worst nightmare. Nobody wants to get old and frail and have their freedoms taken away. I mean, none of us want that. We want to live good, long, healthy lives, be independent and then die really fast of something, hopefully in our sleep and painlessly. It's unfortunate, though, that it just doesn't always work out that way. So we're going to help cushion her fall essentially, but I don't think that we can prevent it or stop it. I wish we could.
RICK(ph) (Peg's Friend): Hi, sweetie.
COLLISON: One of the people who is helping to cushion the fall is her good friend Rick. Rick isn't a resident here. He's the husband of the minister at Mom's church. Mom calls him her adopted son and she absolutely adores him.
Ms. COLLISON: Oh, I was going to do a poem for you and...
COLLISON: Rick has been helping Mom try to come up with a title for this story.
RICK: Mom's Good Move 2, the sequel.
Ms. COLLISON: No. The sequel. That's better.
RICK: How about Mom's Scooter Move, after your little scooting around on the floor the other day?
Ms. COLLISON: (Laughs)
RICK: That's one of the reasons that she always wants me around, I think, is because I can make her laugh, no matter how she's feeling, almost always can make her laugh.
RICK: Mom's Good Movement, maybe.
Ms. COLLISON: No, no, no, no. You're speaking to somebody who is quizzed on that topic every morning in skilled nursing.
COLLISON: You know, I said, `You know, I'm going to have to be leaving soon.' And she said, `Well, you know, the thing I'm worried about is I don't know how to get home from here.' And I said, `Well, Mom, this is your home. This is your room here.' And she said to me, `Oh, boy. You know, there I went again, didn't realize where I was or who I was.'
COLLISON: As I head for home, I try to remind myself that Mom's actually pretty fortunate to be here and we should all be really thankful about that. She has loving friends. She's, you know, in a good place with caring staff. But I have to say it's hard to feel OK about this latest move if Mom's not happy about it.
Ms. COLLISON: (Singing) ...(Unintelligible).
COLLISON: A couple months later, Mom flew to Los Angeles for my brother's wedding. I thought it was a bad idea, but she really rose to the occasion, and she read this Longfellow poem during the ceremony.
Ms. COLLISON: (Reading) Kind hearts are the gardens; kind thoughts are the roots.
COLLISON: Since then, she's been like a new woman. Her mood and her outlook are much better, and her memory has really improved. It's hard to say just why. It could be a change in her medication, or it could be she's just come to terms with where she is now. All I know is we're just glad to have her back.
Ms. COLLISON: (Reading) Take care of your garden and keep out the weeds, and fill it with sunshine, kind words and kind deeds.
NORRIS: Our story Mom's Good Move comes to us from independent producer Dan Collison in Chicago. It was edited by Elizabeth Meister. You can hear the earlier installments in this series at our Web site, npr.org.
Changing Face of America: Mom's Good Move Oct. 24, 2000
Changing Face of America: Mom's Good Move - Part Two Oct. 25, 2000
Changing Face of America: Mom's Good Move - Part Three Oct. 26, 2000


This holiday season, Project EverGreen has joined two programs for charitable giving: #GivingTuesday and AmazonSmile.
A national effort designed to help non-profit organizations raise money using social media, #GivingTuesday takes place on Dec. 3, the Tuesday after Thanksgiving, when social media users are encouraged to use "#GivingTuesday" in a post referencing a meaningful nonprofit or organization.
The second opportunity for giving comes from Amazon.com. Shoppers are encouraged to visit www.smile.amazon.com and select Project EverGreen as their organization of choice for a percentage of their purchases to be donated to Project EverGreen. It doesn't cost any extra and there are no hidden fees.


Furniture/lighting designer, interior decorator and mama instagrammer @ushappyfour. Lives in Toronto with the love of her life, Nick, her two daughters, and a sassy wiener dog.
It wasn't a particularly memorable day. The weather wasn't blustering, the sky hadn't opened up, there was no ominous dark cloud... although, perhaps there should have been. We sat in another fertility clinic, getting another opinion, and she said it: "unexplained infertility". Words that cut like a knife. I didn't know then what I know now, that somehow, we'd see ourselves through this and end up with two amazing children. In that moment, it felt so definitive, so absolute and so... catastrophic. INFERTILE.
I am not the first with this story, nor am I the last, sadly. It's not as definitive as I thought at the time. It's not absolute. It's a term so tossed around and, while terrifying, we learned is essentially a synonym for "we have no idea what's going on". What followed our year of trying before this dreaded day was four more years, countless doctors, disappointments, gutting losses and tons of tears. Also, change. It brought change... real positive change. We started the path towards living a healthier, cleaner lifestyle after a lot of research. Were we going to be perfect? No. Were we going to be pillars of strength and willpower? Again, no. Were we going to try everything we possibly could to treat ourselves better? Absolutely.
My intentions were good regarding what I was putting in my body, but it took me a little longer to give up... all the things. We started, actually, in the bathroom. I went through my cosmetics, and our beauty and hygiene products. Little did I know I was taking the Green Beaver pledge before I even knew what it was. The pledge to use natural personal care products, household cleaners, and antiperspirants. I even went so far as to go 'no poo' for well over a year. No, that's not what you think. That means no shampoo! I used oils and homemade shampoos and conditioners, and my hair never looked better.
Now, I can't say anything definitively, but do you know what happened? I got PREGNANT. I wish I could tell you that it was my beautiful Ella girl, and that it was all a magical fairy tale from then, but it wasn't. We still had a bumpy, hard road ahead. We suffered a second trimester loss with that pregnancy, and it was devastating. Through the devastation, though, there was so much hope. It had happened. A year later, it happened again, and yes, that was our Ella. I can say with so much confidence that I genuinely believe that becoming more conscious of what we put in our bodies and on our skin had a huge hand in that.
We maintained a lot of these positive changes for many years, and still to this day nearly ten years later. When it came to have another baby, it still came with struggles, but they were much less intense. I felt better and was healthier than ever. It took much less time. It felt right, my pregnancy and Brynne's birth were incredible. So, you better believe the choices we make for our two daughters are rooted in the same ideas that gave our lives such a positive turn so many years ago, in the midst of many hard moments. We are filled with hope that these choices will help our daughters have a smaller chance of facing the same struggles we did. In an odd way, we are almost thankful.


How is nice when we live and feel all these words ///with sweet song like this !!!!! really we need like this moments to be alone with ur selves ,imagine the beauty in the nature and things !!!!!
العراااق ظيعتوووه انتم يا اذناب المجوس االله يرحمك ابوعدي ليتك تشوف العراق من بعدك اه اه ….


Sometimes the values you get out of your calculator look wrong to you when you compare them to hand calculations.
I calculated a variable using the TempMean function in EnSight, then I just added up the values and divided by the number of timesteps and the two don't agree. Is that an EnSight bug?
6) Click "Evaluate for selected parts" button.
Then "TempMean" variable was created.
Then I displayed the value of "TempMean" variable on Node ID "7" with Interactive Probe Query.
and the mean value I calculate by adding them up and dividing by 3 is 4.35733E-02.
The value which was evaluated with TempMean function is different from this mean value 4.35733E-02.
When your numbers look wrong (but close) go to the User Manual.
(1/Total time) * integral of data over time.
So you have to assume that the data is weighted with time (larger timesteps have a larger contribution) but here the time is uniform.
There are two trapezoids that make up the integral of this data. So let's add up the trapezoids.
which is exactly the answer that EnSight got.
Why was your technique wrong, but close?
Because you were lucky (or unlucky) in using this flow2d dataset.
Now load the flow2d_mod.case file and do the same thing and just sum up the three values and compare to the temp mean calculated 3.5191e-02 using the flow2d_mod.case.
You see more clearly that EnSight is weighting each temporal trapezoid by the non - uniform delta time values then summing them up to get the total area from timestep 0 to 2 and then dividing by the total time (5-0).


text:
Q: Short story about universal telepathy I read a short story many years ago - mid-80's? - in which something happens which gives everyone on earth telepathic abilities.  In the short term, there is chaos, as no one can keep a secret anymore, and the veneer of polite society is ripped away.  After time, though, people begin to see things from multiple - nearly infinite - perspectives, and a wave of profound empathy sweeps the planet.  Got any ideas on author/title?

A: "Many years ago" would indicate The Cosmic Rape, where an alien hive mind - Medusa - sends a biological probe to Earth to assimilate it into the collective. The probe assimilates exactly one man, and is stopped by humans' individuality: each human mind has the same qualities as the whole of Medusa and can only be assimilated individually. So the hive mind proceeds to throw down the barrier preventing humans to be inter-telepathic, expecting this to allow easy assimilation of the whole human population.

 What Medusa did not take into account was that five billion human minds now form a collective several orders of magnitude more powerful. As soon as the circuit is established, it's Medusa that gets wiped out.

The description of the initial problems etc., though, makes me rather think of a different story even if the time doesn't match at all (2012 rather than the '80s) - Robert J. Sawyer's Triggers.

redpajama_set_name: RedPajamaStackExchange


Can't Get Enough Gets Sudden Sales Boost; Erotica Revealed Review to Blame.
That was my attempt at being witty. A mock headline and all. Honestly, though, what did we do before the internet? How did books get promoted? Did writers go door to door like insurance and Encyclopedia salesmen? Did they depend on store displays alone?
I wonder all these things because I somehow managed to write my stories and get them published before I even had personal access to the internet, or even my own computer. Those were the days of yore, when you could do that type stuff at work and get away with it, because you were more computer literate than your boss, and the minimize button was all the rage.
As time passed on, however, and I began to see writing and selling these stories as more of a permanent thing and not just one of my pick up and drop projects, I realized I needed my own equipment, which happened in due time. Even then, though, I don't think I had internet access yet. We're talking the age of the 3.5″ floppy disk here.
All that being said, I got myself completely together and since I had grown comfortable publishing my work in other people's collection, promotion wasn't high on my list of priorities. Then Can't Get Enough happened, and promotion was all of a sudden everything. How many times have I used the phrase "make or break" in the last year?
At the beginning stages of the project I was still living in my rural southern hometown where there was one Walmart, two grocery stores and one book store which eventually closed down. There was one library in which you couldn't even whisper the word erotica, and that was it.
Luckily, nearly a year before Can't Get Enough was released, the Universe made it so that my family and I relocated to another state and on the outskirts of a major city. I was booked for signings, I did a blog tour, a reading, I connected with local writers and artists.
But that only lasted so long. After the blog tour, after the readings and the signings, how do you keep the momentum going, I wondered. How do you keep people interested in your book without cramming it down their throats every other day through tweets and otherwise?
Well, thankfully, that's where reviews come in. I'm happy to be holding steady at five stars over at Amazon, but I get particularly happy when people take the tie to review the book on their blog and when Erotica Revealed gives such and amazing and detailed review, well hell, how can the book not sell?
Given the title, I expected Ms. Brown's story to be the last in the collection. However, that place belongs to Annabeth Leong's incredibly perverse "Objects of Desire." Once again, Ms. Leong articulates sexual complexities that few other authors would even recognize. This tale of shame, need and kitchen utensils is one of the kinkiest – and most insightful – things I've read in months. It made me squirm, which I have to believe was the author's intention.
Please, by all means, read the complete review here. And if you were one of the wonderful ones who have purchased and read the book, please do take a few minutes and tell us what you think about it, be it on your blog, on Facebook or on bookseller's websites.


The rationale of this assignment is to describe the subject of leadership in nursing. All the way through in this assignment I would be describing the different styles of leadership. As a result it will improve my knowledge and practical skills apart from academic development. However in this work I will highlight the knowledge of health professionals who has identified the leadership management in current episode. Modern healthcare delivery system has a great need for improved understanding and effective use of leadership.
Leadership is defined in different ways by authors. Bednashs (2003) asserts that "leadership is a vital component of change" (p.258) in the same vein Bennis (2001) says that a leader makes a vision. Tourangeau (2003) used a border definition stating that leaders are those who face up to the process, to motivate a common vision, allow others to act, model the way, and give confidence. According to Huber (2000) leadership can be defined as a systematic process of influencing people to accomplish goals by guiding and motivating people. That means leadership is simply a process that is used to move a group toward goal setting and goal achievement, Bernard and Walsh (1990, p.16). Gardener (1990,p.1) expanded leadership "as the process of influence that induces a group to pursue objectives held by leader and his or her followers. Johns and Moser (2001, p. 116) emphasize that "leadership is a dynamic process, varying from situation to situation with changes in the leader, followers, and the situations."
The rationale for this assignment is to describe leadership in nursing. In this paper I will be describing the different styles of leadership. This will improve my knowledge and practical skills, apart from academic development. However, in this work I will highlight the knowledge of health professionals who have explored leadership management in the current episode.
The modern healthcare delivery system has a great need to improve the understanding of and effective use of leadership.
Leadership is defined in different ways. Bednashs (2003) asserts that "leadership is a vital component of change." (p.258) In the same vein, Bennis (2001) says that a leader makes a vision. Tourangeau (2003) used a broader definition, stating that leaders are those who face up to the process, motivate a common vision, allow others to act, model the way, and give confidence.
According to Huber (2000), leadership can be defined as a systematic process of influencing people to accomplish goals by guiding and motivating people. That means leadership is simply a process that is used to move a group toward goal setting and goal achievement, Bernard and Walsh (1990, p.16). Gardener (1990,p.1) expanded leadership "as the process of influence that induces a group to pursue objectives held by leader and his or her followers." Johns and Moser (2001, p. 116) emphasize that "leadership is a dynamic process, varying from situation to situation with changes in the leader, followers, and the situations."


Stittsville has been and is home to many incredible musicians. One who shines is Grace Lachance. Grace has recently released an EP – When Lightning Strikes – produced with New York City based Julie Kathryn. Rapper G.Grand features on the EP, with Toronto based pop singer Kayla Diamond co-writing the song – No Sound.
You will no doubt recall that at only 15 years of age, Grace was named the winner of the 2015 She's The One contest at Ottawa Bluesfest.
Grace has a distinctive sound that is all her own. Her songwriting and voice combined suggest maturity beyond her years. Packed with natural talent, she was recognized as an up and coming artist from her many performances around Ottawa and especially appreciated in Stittsville.
In 2016, Grace teamed up with Universal Music Canada to release her debut single, an emotional cover of Kodaline's "All I Want". She received the BellMedia Rising Star award for her song "Anymore" that attracted much attention from the Canadian radio music industry. This warranted her two #1 titles on AC Radio, seizing the coveted position for most added song and the Futures spot.
She will be touring in select cities across Ontario including Ottawa and Toronto. She will perform in Montreal and then it's off to Australia to share her talent with that country.
Small town roots have certainly not held Grace back from disclosing her talent – something that every musician can only dream of.


text:
Outward Giving
"Freely you have received; freely give."
Matthew 10 v 8
Living generously and giving to those in need is an essential part of the Christian life, we have recieved so much from God that we can have no response than to give of our time, talents and money. As a Church we have various charities and missionaries we support. The Missions Links Forum provides a link between the Parish and the various missions and other charities which are supported directly by St Nicolas Church. A percentage of our regular income is allocated to Outward Giving and we give further sums which are raised by collections, coffee mornings and the proceeds of special events. Among charities we support are:
Adventure Plus
The Bible Society works to make the Bible available, relevant and credible in widely differing cultures. Scriptures are translated and distributed in 2,261 languages. Scripture cassettes "Faith comes by hearing" allow fresh encounters with the Bible. Testimonies and dramatised Scriptures can be heard on some radios and in Asia a CD ROM has been produced in eleven indigenous languages. Films on the life of Jesus have been produced and are available in many countries including Britain, which is now considered as needing missionary help by the Bible Society. For further information visit www.biblesociety.org.uk.
The Church of England's own society for the care of children. We support this Society by our giving and through home box collections. Specific care programmes for children are:
To help and lobby on behalf of the 100,000 children who run away from home each year;
Some 51,000 children in Britain are estimated to be looking after a sick or disabled relative. The Society is working to raise awareness of the needs of young helpers;
The Society provides advocacy services for children in residential and foster care;
The Society runs a "Faltering Growth" programme working with families to make sure that children under eight are given the best possible start in the critical years. Work also continues to promote the development of disadvantaged pre-school children;
Britain locks up more children than almost any other country in Europe yet far from deterring crime, prison brutalises and corrupts young people; four out of five re-offend. This year The Children's Society has been instrumental in contributing to child protection procedures being implemented in prisons;
The Society continues to campaign for inclusive education by working to prevent children being excluded from school.
For further information visit www.childrenssociety.org.uk/.
Christian Solidarity Worldwide
Cord's vision is a world where peace is fully realised, to be an effective partner for peace in Africa and Asia by working in societies affected by violent conflict and poverty and to develop the capacity of partners to build sustainable peace.
CORD works in conflict and post-conflict societies with people of all faiths and none to enable them to address and overcome the root causes of conflict.
They do this by helping communities to work together so that:
women and men have a better chance to earn a living
governments understand their people's needs better
families can invest in their future and send children to school
Over almost 50 years, Cord and our partners have empowered people and their governments to work together to heal past wounds and promote present well-being.
For further information visit www.cord.org.uk
Hugh & Debbie Skeil with the Christian Medical College(CMC)
We currently support Hugh and Debbie Skeil who are working at the Christian Medical College (CMC) in Vellore, South India.
Debbie is a doctor whose work includes time in the Rehab Institute. This involves seeing people with brain injuries and children with cerebral palsy, helping with teaching sessions & helping to develop services for those who cannot speak. She has also helped develop a specialist children's unit.
An accountant by profession, Hugh is the manager of the Development Office. This aims to raise charitable funds for the hospital, and involves a lot of 'friend-raising' developing links and partnerships with individuals and organisations in India and abroad. They raise funds to enable the hospital to treat marginalised patients, give scholarships to students and to develop the infrastructure (equipment and buildings). CMC receives a large number of visitors and Hugh is often involved arranging tours and looking after delegations from other universities and organisations. Hugh also teaches management and finance for staff and students (both internal and visiting). Outside his official work, he helps smaller hospitals - giving advice and hands-on help - and is member of the Vellore Rotary Club.
LeatherHEAD START
Formerly Leatherhead Night Hostel now LeatherHEAD START. The night hostel in Leatherhead was set up by the churches in the district, with the co-operation of MVDC, to provide an open access hostel for homeless people requiring short term accommodation in the area. They can accommodate eight men and four women, with no stay normally exceeding two weeks. During their stay the wardens will provide counseling and practical assistance to enable the visitors to take advantage of facilities which those of us with permanent homes take for granted. They house people with a wide range of problems and cover a broad age band. Drunkenness is not tolerated.
In addition to the regular annual giving we usually donate to the hostel most of the non-perishable groceries given at Harvest Festival and help to provide for their Christmas meal.
More information at http://leatherheadstart.org/
We work with many other local churches (Bookham Baptist Church, St Lawrence, St Nicolas and Eastwick Road Church) top help raise money for Christian Aid Week in May. This is done by a house to house collection & an annual sale to supplement this collection. For further information visit www.christian-aid.org.uk/
We don't just give money directly to charities, as a Church we aim to buy products which are not produced in exploitative ways. The Gospel influences every inch of our lives, not just our financial giving. We are a Fairtrade Church, sell TraidCraft products and encourage our children to give as well.
TraidCraft work to tackle poverty through trade. Their vision is a world where all trade is just and there is no more poverty. They work for this by helping people to develop the knowledge, skills and confidence to set up businesses which can support them. All the projects supported have both social and business aims which seek to benefit whole communities and not just individuals. TraidCraft also campaign against unfair trade in the UK and lobby both policy makers for changes in law and businesses to pay fair prices (which means wages which their producers can actually live on.)
World Vision is the world's largest international children's charity, working to bring real hope to millions of children in the world's hardest places. And they do it all as a sign of God's unconditional love.
Poverty, conflict and disaster leave millions of children living in fear. Fear of hunger and disease. Fear of violence, conflict and exploitation. Fear that robs them of a childhood.Our local staff work in thousands of communities across the world to free children from fear. They live and work alongside them, their families and communities to help change the world they live in for good.Our worldwide presence means we're quick to respond to emergencies like conflict and natural disasters. We also use our influence and global reach to ensure that children are represented at every level of decision-making.
At St Nicolas we support world vision through Child sponsorship, with our sponsorship coming from donations made at TotsAlive! and in Sunday Children's groups. The little girl we sponsor is called Toma Rani Bormon (pictured)
More information at http://www.worldvision.org.uk/


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Employees, Longshore and Harbor Workers' Compensation Act (LHWCA)
Section 4 – Insurance requirement, statutory employer, and a no-fault remedy
May 5, 2015 - Jack Martone, The American Equity Underwriters, Inc.
We all have our favorite sections of the Longshore Act. There are the cryptic "status" and "situs" provisions of sections 2(3) and 3(a). There are the sweeping medical care provisions of section 7; the complex average weekly wage provisions of section 10 and attorney fee provisions of section 28; the scary criminal and liability provisions of sections 5 and 38. The section 8 grab bag of compensation provisions from scheduled awards to second injury fund relief to lump sum settlements has its proponents as the most important section. Claims people struggle with the presumptions provided in section 20. Don't forget the ticking clocks in sections 12 and 13. And so forth.
But don't overlook section 4 (33 U.S.C. 904). It's relatively short, but it has important things to say.
"Section 4(a) Every employer shall be liable for and shall secure the payment to his employees of the compensation payable under sections 7, 8, and 9 (33 U.S.C. Sections 907, 908, 909). In the case of an employer who is a subcontractor, only if such subcontractor fails to secure the payment of compensation shall the contractor be liable for and be required to secure the payment of compensation. A subcontractor shall not be deemed to have failed to secure the payment of compensation if the contractor has provided insurance for such compensation for the benefit of the subcontractor.
(b) Compensation shall be payable irrespective of fault as a cause for the injury."
First, there is the "insurance requirement". Every employer shall secure the payment of compensation.
Second, if the employer is a subcontractor, only if such subcontractor fails to secure the payment of compensation shall the contractor be liable.
Third, a subcontractor has not necessarily failed to secure compensation if the contractor has provided insurance.
Fourth, Fault is irrelevant under the Longshore Act.
There are some tricky issues.
How do you "secure" the payment of compensation?
What is a "contractor"?
What is a "subcontractor"?
What does "failed" to secure compensation mean?"
In the course of discussing these issues, we'll get indirectly involved with what is the common law doctrine of "borrowed employee".
Section 32 answers the question about securing the payment of compensation. You have two choices. You buy insurance from an insurance carrier authorized by the U.S. Department of Labor (DOL) to write coverage under the Act, or you obtain authorization from the DOL to self-insure.
Section 4 states that every employer "shall" secure the payment of compensation. Sections 5 and 38 provide the consequences to the employer who doesn't properly secure payment. Hint – it involves an election of remedies for the employee and joint and several civil and criminal liability for corporate officers.
Next, let's consider what happens if the "subcontractor" "fails" to secure the payment of compensation.
If the subcontractor fails to secure payment then the "contractor" shall be "liable for and be required to secure the payment of compensation".
The 1984 amendments to the Longshore Act changed the language of section 4 to require the failure of the subcontractor to secure payment in the first instance in order to shift statutory liability to the contractor.
This language deliberately overruled Supreme Court precedent in the case of Washington Metropolitan Area Transit Authority v. Johnson, 467 U.S. 925 (1984). Under the pre-amendment version of section 4(a), a contractor could pre-empt the subcontractor's insurance requirement by providing "wrap-up" insurance for the employees of subcontractors. One result of this would be that the contractor would assume the employer's immunity to tort suits by the subcontractor's employees under the exclusivity provision of section 5(a), since it was the statutory employer.
So the 1984 amendment denies tort immunity to a contractor except in circumstances where it is forced into the role of statutory employer by the failure of the subcontractor to secure compensation.
Now we get to a difficult issue under section 4. In this context, what is a contractor, and what is a subcontractor, such that the relationship gives rise to section 4(a) statutory employer liability?
Of course, Congress did not define the terms "contractor" and "subcontractor", so they have been open to interpretation.
Section 4(a) premises liability on a finding that the contractor is subject to some contractual obligation to a principal which it in turn passes on in whole or in part to a subcontractor.
In a typical formulation, a contractor will be held secondarily (statutorily) liable for workers' compensation when the injured employee was engaged in work either that is a subcontracted fraction of a larger project or that is normally conducted by the contractor's own employees rather than by a subcontractor, or as it is sometimes unfortunately phrased, an independent contractor.
Another approach to identifying a contractor-subcontractor relationship is the "two contract" requirement. This is where there is an employer, or contractor, passing along part of its own contractual obligation to subcontractors. In other words, the general contractor is one who has a contractual obligation of its own, a portion of which he subcontracts to another.
Example: A shipyard contracts for the renovation of one of its sheds. The shipyard is the owner of the shed, not under a contractual obligation to renovate the shed. Also, the shipyard is not in the business of renovating buildings and its employees do not usually do that type of work. The shipyard merely contracted out the job to an "independent contractor". The shipyard has no liability under section 4(a) if the "independent contractor" has failed to secure compensation.
The Longshore Act in section 4 distinguishes between employers who are owners or principals and those who are general contractors working under contractual obligations to others.
So, for the statutory employer provision of section 4(a) to apply there must be a principal, a contractor, and a subcontractor relationship with a "two contract" context.
Section 4(b) is clear. Compensation shall be payable irrespective of fault as a cause for the injury. This is due to the nature of the concept of workers' compensation as a compromise. Remember, before the workers' compensation laws were passed beginning in 1910, if a worker were injured on the job he had to sue his employer in tort based on negligence. The employer had several effective common law defenses to such lawsuits, such as negligence of a fellow employee, assumption of risk, and contributory negligence.
Under the approach embodied in the Longshore Act and other workers' compensation laws, the employer relinquishes his defenses in exchange for limited and predictable liability, and the employee accepts the limited statutory recovery because he receives prompt payment without the uncertainties and delays inherent in going to court.
The issue of fault is irrelevant in Longshore Act cases. The sole exception is the defense provided in section 3(c) if the injury is due solely to the employee's intoxication or the employee's willful intent to injure himself or another.
This discussion has run on too long. We'll wait for next time to discuss how, if at all, the doctrine of "borrowed employee" fits in with the statutory employer provision of section 4.
John A. (Jack) Martone served for 27 years in the U.S. Department of Labor, Office of Workers' Compensation Programs, as the Chief, Branch of Insurance, Financial Management, and Assessments and Acting Director, Division of Longshore and Harbor Workers' Compensation. Jack joined The American Equity Underwriters, Inc. (AEU) in 2006, where he serves as Senior Vice President, AEU Advisory Services and is the moderator of AEU's Longshore Insider.
The opinions and comments expressed in this article are those of the authors and do not reflect the opinion of ALMA, AEU or AmWINS. None of ALMA, AEU, AmWINS or the authors are responsible for any inaccuracy of content or for any loss or damages incurred by any party as a result of reliance on information contained in this article. Content may not be published or reproduced without the written consent of the authors. Prior articles may not be updated for accuracy as pertinent information changes over time. The Longshore Insider is intended to provide general information about the industry and should not be construed as legal advice under any circumstances. For legal advice, please consult a licensed attorney.
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It can be difficult to keep track of all the turmoil in the Middle East, and the latest blowup — a bloody battle between Saudi Arabia and Yemen — has generated fewer international headlines than conflicts in Syria and Iraq.
But the war between Sunni-dominated Saudi Arabia and Shiite-aligned Houthi rebels in Yemen threatens to drag the wider region into even greater turmoil. A Saudi-led coalition wants to restore the ousted Yemeni government, stop the Houthis' advances and, in the process, stanch Iran's influence in the fractured country.
A tangled network of tribal and political loyalties undergirds much of the fighting in Yemen. But Riyadh's bombing campaign threatens to turn what many experts say is a homegrown conflict into a sectarian proxy war between Shiite-majority Iran and Sunni Saudi Arabia, which are gunning for dominance in the Middle East.
Meanwhile, the United States is keen to make sure Yemen doesn't become another haven for extremists, but as it helps the Saudi aerial campaign on the one hand, it's negotiating a nuclear accord with rival Iran on the other — and tacitly backing Shiite militias in their fight against the Islamic State in Iraq. Caught in the middle of this geostrategic maneuvering are the long-suffering people of Yemen, the Arab world's poorest country, who face a looming humanitarian crisis.
Few people understand this convoluted dynamic better than Edward "Skip" Gnehm Jr.
The 36-year career ambassador, now retired from the Foreign Service, was U.S. ambassador to Kuwait shortly after former Iraqi strongman Saddam Hussein's invasion of the country in 1990. Gnehm also served as U.S. ambassador to Jordan from 2001 until 2004 and was deputy chief of mission at America's embassy in Yemen during the early 1980s. More recent postings include director general of the Foreign Service and U.S. ambassador to Australia.
Today, Gnehm serves as the George Washington University's Kuwait professor of Gulf and Arabian Peninsula affairs, a position he has held since 2006. An amiable and engaging southerner from Georgia, Gnehm maintains an extensive network of contacts in the Middle East and serves as director of the Middle East Policy Forum at GWU.
In a Diplomat interview at his office, Gnehm said the United States has been supportive of a combined Gulf state effort to restore the Yemeni government and turn back the Houthi rebels, and has engaged militarily by providing refueling capacity for fighter planes. But as the Saudis have stepped up the bombings in Yemen, Washington has become concerned about the widespread collateral damage.
Since mid-March, the fighting in Yemen has killed over 1,800 people and injured another 7,300, about half of them civilians, according to the United Nations. Another 550,000 have been displaced and well over half the country's 26 million people need food assistance. Saudi Arabia has come under increasing pressure for an indiscriminate aerial assault and blockade that has kept desperately needed food, medicine and fuel out of the country.
A five-day ceasefire last month allowed some aid deliveries to trickle in, although negotiations quickly fizzled out, with the Houthis rejecting demands to withdraw from territory they have seized and reinstate President Abed Rabbo Mansour Hadi. Amid ongoing clashes and Hadi's preconditions, the United Nations has had to postpone restarting peace talks.
Meanwhile, the Saudi air strikes have failed to claw back the Houthis' territorial gains. Plans by Hadi's ousted government, which is now based in Riyadh, to arm local militia groups could further splinter the country into warring fiefdoms and make restoring central authority that much harder.
Gnehm says there is only so much outsiders can do to get the parties to come together — and he contends that fighting between the Houthis and the internationally recognized Yemeni government would be happening regardless of Saudi Arabia's intervention.
"This is an ingrown Yemen problem," he explained. "The Houthis are part of Yemen society and there have long been internal troubles between tribes and the central governments. If you took out Iran [which is widely believed to be agitating for the rebels within Yemen], and everybody who had anything to do with Iran went home, and the Saudis stopped bombing and went home, and the U.S. didn't do anything except hit al-Qaeda, they'd still be fighting.
However, the retired, plainspoken diplomat said Washington might have managed the conflict better in its early stages last year.
Iran has provided some support to the Houthis, although many experts say Saudi claims that Iran is propping up the rebels are inflated. Allegiances in Yemen — a destitute country riven by northern and southern factions that only united in 1990 — are convenient and fickle. Saudi Arabia has a long history of meddling in its southern neighbor, which controls the Bab el-Mandeb Strait, a key chokepoint for the global transit of oil.
The northern-based Houthis, who follow the Zaydi branch of Shiite Islam and make up about a third of Yemen's population, have long complained of marginalization from the central government. Angered by a proposed constitution that they said would divert resources from the north to the south, they seized the capital of Sanaa and forced the Saudi-backed government to flee earlier this year.
They also appear to have teamed up with Ali Abdullah Saleh, Yemen's former president who was ousted in an Arab Spring uprising in 2012 but retains strong support among the armed forces. It's an unlikely alliance given that Saleh waged several wars to tamp down a Houthi insurgency while he was in power. Today, however, the former strongman appears bent on taking down the Western-backed government that replaced him — and exacting revenge on his former Saudi patrons who helped install that government.
President Obama, at right, shakes hands with Emir Sabah Al-Ahmad Al-Jaber Al Sabah of Kuwait as Gulf Cooperation Council leaders prepare for a group photo at the end of their Camp David summit on May 14.
In the meantime, both the exiled government and Houthi leadership oppose al-Qaeda in the Arabian Peninsula (AQAP), which along with the Islamic State have taken advantage of the power vacuum to stage deadly attacks and stir sectarian unrest. Amid the chaos, the United States has pulled its diplomatic and security personnel out of the country, limiting its ability to conduct drone strikes on AQAP and reportedly resulting in the loss of $500 million in American-supplied weapons.
As he spoke about the war-torn nation, Gnehm smiled and recounted an adage he's heard repeatedly in his dealings with Yemenis over the years.
"There's an old saying: You can rent Yemenis but you can't buy them, and that is perfectly correct," he said. "They will take money from anybody and they will do for anybody some of what those anybodies want them to do, but not everything. And if someone else comes along with a little more money or enticement, whoops, the alliances are shifting again.
"You can't pick a tribe, give them money and build waterworks, electrics etc., and count on them to be your ally forever," he added. "It doesn't happen because inside Yemen the rivalries among the tribes and the geographic areas are far more important than the outside.
"I don't think we'll have a problem getting that, but the details — putting meat on the bones — are harder," he said.
The Diplomat interview took place less than a week before President Obama was scheduled to meet with the Gulf Cooperation Council in Washington. Obama was surely expecting a good turnout for his GCC meetings at the White House and Camp David in mid-May, but only two heads of state decided to attend this summit. Bahrain, Oman, Saudi Arabia and the United Arab Emirates sent only deputies to join the emirs of Kuwait and Qatar.
Gnehm said the snub was a sign of deteriorating relations between the administration and Gulf allies that feel threatened by Washington's nuclear talks with their regional adversary Iran; Obama's remarks that Gulf states need to focus on internal problems like youth unemployment and political reform didn't help matters.
Gnehm said Persian Gulf states came to Washington with a wish list that included major new weapons systems and concrete security commitments in return for supporting any potential deal with Iran. While Gulf leaders didn't walk away with a blanket NATO-style defense treaty (which would've upset American guarantees to give Israel a qualitative military edge in the region), the summit ended on a relative high note, with an "unequivocal" pledge that America would "deter and confront" any aggression from Iran and tentative Gulf backing for Obama's negotiations with Iran.
"The United States has been a security partner for these countries for a long time, but they want reassurances, and that hasn't changed," Gnehm said. "They have concerns from a number of different angles. One could argue they are valid or not valid, but I think for the point of view of the United States you have to accept it and deal with it.
More than that, Gulf leaders worry that a breakthrough on the nuclear front could herald a larger rapprochement between Tehran and the West, which in turn might threaten the balance of power in the centuries-old Persian-Arab rivalry. Iran has a sizeable population and economy that could, in theory, challenge the Saudis' monopoly as the region's heavyweight if sanctions on Tehran were lifted and the mullahs ever got their economic act together.
But some experts say the Gulf states' insecurities are largely unfounded — and that throwing in more arms sales to assuage their fears will only further stoke tensions. Washington is hardly likely to lift the security umbrella it provides to Gulf allies, which has helped keep oil markets stable, and Iran's conventional army is weak compared to its better-armed adversaries.
Administration officials insist that a major realignment away from traditional allies to an archenemy that has been hostile to U.S. interests for over 35 years is simply not in the cards. Furthermore, they argue that constructive engagement with Iran is the best way to ensure that the country doesn't acquire a nuclear bomb and that it becomes a responsible member of the "community of nations," as Obama puts it.
Gnehm agrees that the Saudis' concerns are unwarranted.
Gnehm pointed out that the Gulf states' unparalleled oil reserves would always prevent us from abandoning the region.
Still, perceptions matter and Gnehm said his former colleagues in the Gulf states are telling him they worry the U.S. is losing interest in its old alliances.
Gnehm said he reminds his friends in the Saudi government that when the United States was "using" the Shah and Iran for its own geostrategic purposes in the 1970s, the Shah declared that Bahrain was part of Iran in a preemptive move to annex the country.
As much as the White House vows it is not sacrificing old friendships for new ones, Gnehm said the Gulf states simply don't trust Iranians to keep their end of any bargain and believe they will play the Americans for fools in the nuclear negotiations.
He also said the Saudis suspect the U.S. may be striking "sub-agreements" as part of the nuclear deal that are not being made public, although Gnehm does not anticipate such sideline agreements to be part of any final package.
Other disputes have also eroded trust between Washington and its Gulf partners. Saudi perceptions that Obama abandoned a longtime ally in Egypt's Hosni Mubarak are still a sore point. The Saudis also worry that U.S. inaction in Syria, where more than 220,000 people have died in the civil war, signals that perhaps Washington's loyalty to the Gulf states could be fleeting.
"If we don't do it in Syria, maybe we won't do it for them," Gnehm said, relaying concerns he hears from Saudi colleagues.
Gnehm said Obama's now-infamous declaration that the United States would punish Syrian President Bashar al-Assad if he crossed a "red line" by using chemical weapons — but then never did — has hurt U.S. credibility.
"We announced we would do something but then we didn't — which is worse," Gnehm said, adding that U.S. diplomats were in private conversations with the Saudis prior to Obama's declaration.
And then Obama announced that the U.S. wouldn't take military action in Syria, but no one in the government bothered to inform the Saudis.
"We didn't have the courtesy to talk to them privately before it came out, and that was very embarrassing," Gnehm said. "They were asking, 'Does the United States really understand the consequences of what they do?' And the answer, right now, is I don't think so.


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Thinking Like a Lawyer vs. Thinking Like a Mediator
Remember in law school how they taught you to "think like a lawyer?" You were conditioned to think analytically, strategically, some might say paranoically. After all, devoting your mental powers to protecting your client's interests at all costs is your supreme duty as a lawyer.
The problem is that thinking like a lawyer can be an impediment outside the narrow confines of planning and executing a client's case or transaction. In fact, most people — even lawyers — are suspicious and even antagonistic when they perceive someone as thinking like a lawyer. The defensive, self-interested, mechanical nature of thinking like a lawyer is anathema to civil behavior in daily life.
Since most of us play roles in our careers other than strictly as advocates for one side, it's sometimes necessary to turn down the think-like-a-lawyer dial — maybe even to zero. One area in which many of us choose to serve is dispute resolution, usually as arbitrators or mediators. Much of my work over the past several years has been in this area. It's been a challenging but rewarding exercise to learn when to think like a lawyer and when not to while serving in this capacity. In this post, I'll share a few things I've learned about the psychological transition from being a lawyer-advocate to being a mediator. In a follow-up, I'll address the same issue with respect to serving as an arbitrator.
There are two sides to every story.
This is something you immediately learn as a mediator, in a way that doesn't hit home when you're an advocate. As a lawyer representing your client, you view the opposing party in the abstract. You marshal the best evidence to support your case, construct the most persuasive arguments to spin things your way, and counter the anticipated arguments of the other side. But aside from perhaps in the controlled environment of a deposition, you won't likely encounter the opposing party in person. By contrast, when serving as a mediator you will meet both parties in person and likely be privy to at least some of their private thoughts. Despite whatever preconceived notions you might have had, you will quickly realize there is more to each side than meets the eye.
Lesson: Control your lawyerly instinct to analyze and evaluate. Instead, spend time listening and understanding what people really expect from the mediation process and what they hope to accomplish through it. Let that be your outline for negotiations.
You can't fall back on structure, rules, or authority.
As a lawyer engaged in litigation, you always have a legal hammer to deploy when the opponent won't cooperate or doesn't see things your way: You can issue a subpoena, file a motion, ask the court for sanctions, etc. But mediation generally has no procedural rules, no penalties to impose, no robed authority waiting in the wings to lay down the law if necessary. The only authority you have as a mediator is the desire of the parties to voluntarily resolve their issues without resorting to further legal action.
Lesson: Get used to the slightly disorienting feeling of open-ended discussion and negotiation. Use the parties' desire for resolution (and, usually, abhorrence for further litigation) to discover common ground and identify possible solutions.
It usually comes down to money, which doesn't grow on trees.
Let's face it: The resolution to most legal disputes in civil law involves one party paying money to the other. Having practiced largely in the field of personal injury, I'm spoiled by the fact that most of my cases as a lawyer have involved at least one deep pocket — an insurance company, corporation, or government entity with enough cash to pay fair compensation to the injured party. The challenge of agreeing on what's reasonable is the hard part, of course, but at least the money to settle the matter exists. By contrast, I mediate cases in a variety of practice areas, and in many instances, the lack of money available to be paid is a major factor in whether the case will settle.
Lesson: Don't be afraid to talk about money from the start. Although you don't want to short-circuit the give-and-take of bargaining, find out as soon as possible whether money sufficient to settle the case exists at all. Or figure out whether non-monetary concessions can make up the difference. Don't waste hours arguing over other issues if there is no likelihood of settlement because of financial factors.
If it doesn't come down to money, it comes down to emotions.
Some mediations are businesslike, which is comfortable for most lawyer-advocates. For example, two deep-pocket parties divvying up responsibility between them in a commercial dispute may come down to fairly simple bargaining. But many mediations involve addressing the emotional needs of one or more parties, in addition to the finances involved. In personal injury cases, for example, the defendant's financial responsibility is usually covered by an insurance company, which is essentially making a business decision on how much to offer the plaintiff based on a projection of the damages that would be awarded at trial. For the plaintiff, on the other hand, the settlement means more than simply evaluating how many dollars a jury might award. The plaintiff will need to sign off on the emotional resolution of the case as well as the financial one. Facilitating that process isn't something they teach in law school.
Lesson: Your job as a mediator is to steer the parties toward settlement using your experience and knowledge of the law, but without telling them what to do or underestimating their emotional connection to the case. Giving them a chance to express their feelings, explain themselves, and rant to you early on often clears the way for the more businesslike negotiating that will eventually settle the dispute.
Michael Heatherly. Michael Heatherly is the editor of NWLawyer. He practices law in Bellingham and owns Northwest Dispute Resolution Group, a mediation and arbitration organization.
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