Tag Archives: Rules

Breaking magic, breaking wonderland

Mediation, Musings, , , , , , , ,   1 comment  

Magic can be a wonderful thing. In stories. Such as those set in the fictional country called Wonderland. In the 2013-2014 ABC TV series Once Upon a Time in Wonderland, there were three rules of magic [1].

You cannot:

  1. Raise (bring back) the dead
  2. Force someone to love you (make somebody fall in love)
  3. Change the past

But, of course, for fabulists and despots, rules get in the way. Even rules of magic [2]. Let alone the rule of law (or laws of logic & physics). Their desires seek to bend reality. To bring back deprecated tyranical notions, like zombies. To compel us to not believe what we see with our own eyes. And to forget history.

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Rules of the Game

Mediation,

Before starting an Arbitration Hearing, I have a conference with the attorneys. A principal reasons for that conference is to determine what rules the parties have agreed to follow in this arbitration. When I ask that question, in many cases, the body language of the attorneys indicates that they think I have no idea what I am asking. I go on to explain that there are many sets of rules for arbitration. The parties may, by agreement, adopt any sets of rules. I tell them that if I am going to referee a game, I need to know what game I am refereeing. There are different rules for football depending on whether it is NFL, college, or high school. Why not different rules for different arbitrations?