Value
Value is a difficult concept to explain in one sentence. It takes on different meanings in different areas. What is of value in a legal sense is totally different from the mathematical or personal meaning. In the legal field it is a concept closely related to that of consideration--it is the price one pays for the price of another person's promise.
At common law, certain transferrable obligations are enforceable if the person acquires them for value. The value can be on of many types: money, a promise, or even an act by a person. At the heart of many legal disputes is the definition of value. How we define it and how we claim it can help us find solutions to our problems.
Two sisters are arguing over a single orange. Each one wants the whole orange for herself. So, they decide to hire lawyers and have a judge settle the matter. The judge listens to the lawyer's legal arguments about value then takes the orange and cuts it in half and gives each sister a half. The first sister takes her half of an orange and eats the flesh and throws away the peel. The second sister takes the rind to bake a cake and throws away the flesh. Each sister valued a different part of the orange in a non-legal sense.
If the sisters had considered mediation first, perhaps a different solution would have been derived. A mediator would have focused on their factual interests and personal values needed instead of legal arguments. The mediator would have discovered that the one sister was interested in eating the orange and the other sister wanted to use the rind to flavor a cake. The settlement would have given the one sister the rights to the flesh of the orange and the other the rights to the rind and both sisters would have received twice as much.
Not all disputes and arguments need the assistance of a lawyer. A mediator can often help solve the dispute in a collaborative manner where each side takes the time to focus on what they really want. The ability to talk openly and freely about values, however defined, often leads to creative and satisfying settlements. Even if mediation does not resolve the dispute, it can facilitate subsequent judicial settlement.
If I can be of help in resolving any dispute you might have, please contact me.
At common law, certain transferrable obligations are enforceable if the person acquires them for value. The value can be on of many types: money, a promise, or even an act by a person. At the heart of many legal disputes is the definition of value. How we define it and how we claim it can help us find solutions to our problems.
Two sisters are arguing over a single orange. Each one wants the whole orange for herself. So, they decide to hire lawyers and have a judge settle the matter. The judge listens to the lawyer's legal arguments about value then takes the orange and cuts it in half and gives each sister a half. The first sister takes her half of an orange and eats the flesh and throws away the peel. The second sister takes the rind to bake a cake and throws away the flesh. Each sister valued a different part of the orange in a non-legal sense.
If the sisters had considered mediation first, perhaps a different solution would have been derived. A mediator would have focused on their factual interests and personal values needed instead of legal arguments. The mediator would have discovered that the one sister was interested in eating the orange and the other sister wanted to use the rind to flavor a cake. The settlement would have given the one sister the rights to the flesh of the orange and the other the rights to the rind and both sisters would have received twice as much.
Not all disputes and arguments need the assistance of a lawyer. A mediator can often help solve the dispute in a collaborative manner where each side takes the time to focus on what they really want. The ability to talk openly and freely about values, however defined, often leads to creative and satisfying settlements. Even if mediation does not resolve the dispute, it can facilitate subsequent judicial settlement.
If I can be of help in resolving any dispute you might have, please contact me.
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