The Art of Law

Posted on September 30, 2009 by Trey Mills

I had a mediation today in a renovated garage behind Krause, Draisen, & Moorhead that involved several parties, but most importantly, my injured client -Ms. Georgia Lindsey, a 19 year old, Anderson University soccer athlete doing a job shadow-Chelsea White, and myself .  We got to spend some quality time together contemplating life, law school, fishing, and also getting down to business by negotiating the violent, rear end collision Ms. Lindsey was involved in with a representative of BMW. 

I enjoy mediation's because once each side (plaintiff and defendant) has presented their case, usually the two groups separate into different rooms. I get to spend an ample amount of time with people in a room for several hours which enables us to sit and talk about life.  The mediation process can be slow in moving but many different people with various backgrounds, interests, and reasons came together this afternoon in Anderson, South Carolina.


There were others, but they are of no consequence because they did not have the long talks and art interpretations that the three amigos did. The picture below represented 3 very distinct things to each one of us and those interpretations were not unusual given our background and circumstances.

They were as follows:

  • Chelsea -felt the picture above represented –Youth and Life.
  • Ms. Lindsey-felt it was the devil and fire.
  • Trey-thought it was a field ablaze, yet radiating beauty the whole time and the center, or background, seemed to represent the spring of life that resides in us all to quench the fires that arise.


Ironically, those interpretations of the art we stared at today for 5 hours, came out in three totally different view points. As the mediation progressed and throughout the initial spill by Steve Krause, we were reminded that every person is different and thus brings different impressions, thoughts, and ideas to the table. Just like a jury, each person is going to have a different interpretation of the same facts. However, like Ms. Lindsey said, “Thank goodness we all are different and not the same.”  Very true and very deep.  Sometimes its not about the destination but about the journey. 

(left to right) Chelsea White & Trey Mills

(Ms. Lindsey is in the blue dress)

 

** Life is about making the best of a situation, even in a boring mediation. Keep living the dream!

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We Need Cycle Killers, Not Psycho Killers: Shooting People Aint Too Cool

Posted on March 27, 2009 by Trey Mills

     

    Embracing the recent Spring like days with open arms, I awoke on Wednesday, March 25, 2009, to a light rain, dark clouds, and cold weather.  Nothing outside the normal as we had still not approached the 85-95 degree days of a “Southern Summer” but we had enjoyed a teaser of warm temperatures. 


    I had a mediation scheduled in town, conveniently located less than a mile from my home on the West End of Greenville.  As I was presenting the mediation a bustle of sirens and activity seemed to provide both an ominous future for my presentation and someone’s well being.  It wasn’t until the completion of a very short, yet required mediation, that I learned the sirens rushed to less than a block from my home.  Having planned to be in mediation all day it was hard to transition back into traveling to Anderson for work with all the activity going on around the house. I planned to finish my work day out from my home office. 


    Little did I know my home office was going to be near a recent crime scene. The city block on Vardry Street between Green Avenue and Anderson Avenue was blocked off with yellow crime scene tape and the foot traffic was ever more increased (see photo above).  The conditions remained cold, rainy, and dreary.  However, few details were being offered by the young, Greenville City Police officer standing post on the Green Avenue block near the crime scene tape.


    The Greenville News would provide a report late in the day indicated that several people were behind a home on Vardry when one of the persons started shooting.  One person was killed, another injured, and another that fled from the altercation.


    In the snap of someone’s fingers the lives for all these people changed today. I wonder if they had come to grips with who they were, what their purpose was in life, and made it clear to everyone they loved how much they cared for them?


    Probably not. More than likely, they were spending idle time doing unproductive things with unproductive people expecting positive results out of negative input.  How will the cycle change if someone is constantly going around in those circles? 

 


 

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Interview While in Mediation: Featuring Everett Heard

Posted on February 27, 2009 by Trey Mills

On February 24, 2009, I participated in a mediation of a case on behalf of my clients, Everett and Virginia Heard, against Electrolux Home Products. During the seven or more hours that Everett and I spent together (Mrs. Heard was at home sick), I learned a great deal about his past careers and adventures. 

Fortunately/unfortunately, depending on how you approach the issue, there can be some down time in a mediation, a form of Alternative Dispute Resolution.  Everett and I took that opportunity to talk about women, love, life, the pursuit of happiness, my recent break up, Hong Kong, and Hawaii. I decided to try and memorialize some our bigger discussions in a question and answer format.

 What did you find to be the most interesting point with the mediation process? 

Everett Heard*: Patience. I would have given them a price of take it or leave it and I am out of here. So patience.

What have you found to be the must frustrating?

For me, all the stuff that they (Defendant's attorneys) said was true but it wasn’t my fault. I had just forgotten some of the details. (Considering the incident occurred so long after the deposition was taken).

What would you tell someone that was about to start this process? 

If I came to you with this problem. I would have had to have my facts better. I didn’t have the facts there and that is what killed our case.  Make sure what you say is what is on record. (Or can be documented).

With life in general, what is something you would like to pass on to others?

Live your life. Bible says that, “You are not guaranteed another day.” (James 4 v 13-15 & Psalm 90)  Live your life as if each day was your last. If you want to go somewhere, go. You want to love someone, love them.  If you want a new car, buy the thing. Worry about the payments as they come.  Wait on love, it will come to you. You don’t have to go to it.  Wait to have children when you are both ready and ensure that love is there.

Always show affection to the woman you love, even if it is just a telephone call.  You can never tell someone you love them too many times.  A bouquet of flowers, box of candy.

I would give the world to be you. Successful. Handsome dude. With your whole life ahead of you. (I'm just writing down what he said).




 

 

 

 

*Mr. Everett Heard currently resides with his wife, Virginia, in Georgia.  Mr. Heard has served his country in the Navy, worked as a salesman in varying service related industries, has driven tractor trailers, and been tested and tried with a lot of what 60+ years of life can throw at someone, including but not limited to the death of his first wife in a motor vehicle accident & the recent death of his daughter. Please keep the Heard family in your prayers.

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