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[yak] Rogers


#1

John:

Off topic, but regarding the lawyers, in the States it is in
their Code of Ethics that they are sworn to try to resolve and
mediated disputes rather than just litigate them, but this is
rather more honored in the breach than the observance. Twenty
years ago I took training as a divorce mediator, but the lawyers
in town wouldn’t even hear of it or help me practice it (I’m a
psychologist). Today we do have volunteer mediators and I think
in another ten or twenty years mediation will be the way many, if
not most, divorces are settled. Maybe other disputes, too. If
your granddaughter goes to law school with the idea of being an
idealist and helping in this kind of a trend, you could really be
proud. Unfortunately it seems to often take getting old to
realize that peace and conciliation are so very important.

To bring this back to topic, I do believe in talking about the
Fred Ward case someone suggested a binding arbitration clause,
and that might be a good idea, if it is possible, in your
contracts of sale. I think, also, that people like this woman in
the Fred Ward case, who ALLEDGEDLY negotiated in such bad faith
do give off subtle clues (sometimes not so subtle) about their
character, and it is good to be successful enough or feel
successful enough that you can offer a ridiculous enough price
that they will go away and leave you alone. Some sales are
nothing but heartache.

If Fred is listening, it would be interesting to hear how this
lady presented herself and whether, with 20-20 hindsight Fred
could “see her coming”.