by Marvin Schuldiner | Jul 22, 2009 | Arbitration, Commercial Mediation
Most credit cardholder agreements contain a provision that upon default, the dispute will go before an arbitrator (a private judge) for a decision. As with home mortgages, many consumers in default on their debt will ignore the notices for the arbitration hearing. ...
by Marvin Schuldiner | Jun 29, 2009 | Commercial Mediation
Last week, the U.S. Supreme Court issued a ruling in the case of Gross vs. FBL Financial Services which makes it much harder for employees to prevail on claims of age discrimination. A plaintiff used to have to prove that age was a factor in their adverse job action...
by Marvin Schuldiner | Jun 26, 2009 | Arbitration
A California court recently upheld an award by an arbitrator for an amount in excess of $4 billion. Paul Thomas Chester had sued his former employer, affiliated companies and company founder Timothy Ringgenberg for wrongful termination. The case ended up in front of...
by Marvin Schuldiner | Jun 19, 2009 | Off Beat
While Iranians have taken to the street to protest their disputed presidential election results, an election in Arizona was settled in a different sort of way. In the run-off ballot for the last city council seat, both candidates tied with 660 votes. To settle the...
by Marvin Schuldiner | Jun 16, 2009 | Commercial Mediation
I am pleased to announced that I have been added to the NJ Superior Court’s roster of mentor mediators. When a new mediator is accepted to the court’s civil roster (strangely, no such requirement exists for divorce mediators on the court roster), the...
by Marvin Schuldiner | Jun 8, 2009 | Commercial Mediation
Most people do not think about mediation when they think about bankruptcy. However, the courts do have a mediation program within the bankruptcy court. I am not sure if the Chrysler filing was sent to mediation given that the filing was somewhat pre-packaged at the...
by Marvin Schuldiner | Apr 22, 2009 | Commercial Mediation
Here is a cute video produced by the Department of Veteran’s Affairs which explains mediation using fables. This example mediation is closer to how a commercial and elder mediation would work moreso than a divorce mediation (where the issues are more defined,...
by Marvin Schuldiner | Apr 7, 2009 | Commercial Mediation
The NJ courts have started a You Tube Channel and their first video is about the court’s foreclosure mediation program. The video is below and contains all the details about the program, of which I’ve written before.
by Marvin Schuldiner | Mar 27, 2009 | Commercial Mediation
The NJ Administrative Office of the Courts court recently clarified the policy on whether the court must provide a spoken language interpreter for events which happen outside of the courthouse. Court assigned mediation, outside of foreclosure mediation, is typically...
by Marvin Schuldiner | Mar 4, 2009 | Commercial Mediation, Lawsuits
Former Judge Roy Pearson has lost his bid to have his appeal heard by the entire bank (“en banc”) panel of appelate judges. All 6 of the other judges on the panel refused to hear the case which the other 3 judges unanimously denied. Pearson’s only...
