by Marvin Schuldiner | Sep 10, 2008 | Commercial Mediation
There are many reasons why disputes do not settle, in mediation or outside of it. Often, a party is just not ready — it’s the wrong time for them. They need more information or they need more time to assimilate, absorb and assess information given to...
by Marvin Schuldiner | Aug 1, 2008 | Commercial Mediation
Jeff Bleich, president of the California State Bar, writes in the California Bar Journal about how the legal system is beginning to fail the middle class due to the high costs of the legal system. He makes an analogy to the medical profession and doctors and how the...
by Marvin Schuldiner | Aug 1, 2008 | Arbitration
This question is one of the big debates going on in the legal and ADR/CDR worlds. Arbitration is essentially a private court (actually, that’s what tv shows like “People’s Court” and “Judy Judy” are). The advantage is generally...
by Marvin Schuldiner | Aug 1, 2008 | Arbitration
FINRA is the financial industry’s self-regulatory arm. Part of what they do is manage arbitrations for broker-client and broker-employee disputes. Nearly all brokerage agreements and broker employment agreements contain a clause mandating aribtration rather...
by Marvin Schuldiner | Aug 1, 2008 | Arbitration, Commercial Mediation, Lawsuits
A federal court in California recently ruled that a company who did not mediate their dispute prior to filing suit, according to the agreement between the parties, will have its case dismissed. In Brosnan v. Dry Cleaning Systems Inc, plaintiff entered a dry cleaning...
by Marvin Schuldiner | Jul 29, 2008 | Commercial Mediation
The NJ Court system has set time goals for disposing of cases that are filed in their system. They rate cases by vicinage (county) and case type (criminal, civil, family, municipal, etc.). The report for the year July 2007 through June 2008 has just been published...
by Marvin Schuldiner | Jul 14, 2008 | Commercial Mediation
In NJ, you generally use an attorney to buy or sell a home. Sales contracts are not standardized, often contain legalese and are not friendly for lay people (i.e. non-attorneys). Attorneys hold the exchanged monies in their trust account for disbursement....
by Marvin Schuldiner | Jul 14, 2008 | Commercial Mediation
Following up on an earlier post, Rich Rodriguez, now the coach at University of Michigan, has come to a settlement with West Virginia University. Rodriguez left WVU to become UM’s head coach after last season and a $4 million buyout clause in his contract...
by Marvin Schuldiner | Jul 12, 2008 | Commercial Mediation
The Media Infocenter reports that the NFL and Comcast, the cable giant, have agreed to enter mediation to solve their dispute over which tier the NFL Network should appear on. The mediation will focus on whether Comcast had a contractual right to place the NFL Network...
by Marvin Schuldiner | Jun 30, 2008 | Commercial Mediation
Here’s a nice article about commercial mediation from the Charlotte Observer. I’ve done EEOC (employment discrimination) mediations and they are usually among the most emotional. Every mediation has a life of its own and predictions of outcome are usually...
