by Marvin Schuldiner | Nov 7, 2007 | Commercial Mediation, Off Beat
When I mediate a commercial case (or even a divorce case), a common misconception I run into is that litigants think that all judges and jurors act rationally and therefore, since they are right, will always believe and side with them over their adversaries. The...
by Marvin Schuldiner | Jun 22, 2007 | Commercial Mediation
A recent case in California has upheld the concept of confidentiality within the context of mediation. In Wimsatt v. Superior Court (Kausch), the Appellate Division ruled that a client could not obtain and use their attorney’s mediation briefs (along with...
by Marvin Schuldiner | Jun 19, 2007 | Commercial Mediation
You don’t often think of boxing and mediation in the same thought, but here it is: Top American boxing writer Michael Marley revealed a few minutes ago over at Boxingconfidential.com that Golden Boy Promotions and Top Rank executives have just come out of the...
by Marvin Schuldiner | Jun 5, 2007 | Commercial Mediation
The International Institute for Conflict Prevention and Resolution (CPR) recently conducted a survey of 126 U.S. corporate counsel and outside counsel. They were asked their opinion about alternative dispute resolution. Here are the results of the survey: Rank of...
by Marvin Schuldiner | Jun 5, 2007 | Commercial Mediation
Mediation, relatively speaking, is a new field or science (at least in the formal sense…people have been informally mediating disputes for millenia). Last month, mediation lost one of its stars in Sam Kagel. Mr. Kagel helped settle labor disputes primarily,...
by Marvin Schuldiner | May 22, 2007 | Commercial Mediation
Many of you have heard of the weight loss drug Fen-phen. This drug, after being banned by the FDA, was the subject of a class action lawsuit against the manufacturer. Subsequent to that lawsuit resolving, there was another lawsuit that was questioning the fees paid...
by Marvin Schuldiner | May 17, 2007 | Commercial Mediation
I found it rather surprising to learn that Belize — a former British colony located in central America — only recently had its first mediators trained (by professionals from Jamaica). Britain is the country that brought most of our modern legal prinicples...
by Marvin Schuldiner | May 8, 2007 | Arbitration, Commercial Mediation
Following up on the post about Binding Mediation, it seems that the mediator turned into an arbitrator and made his ruling. Even though this turned into an arbitration from a mediation, all sides appeared to be very happy with the process and the outcome. Both sides...
by Marvin Schuldiner | May 8, 2007 | Arbitration, Commercial Mediation
The headline in the Halifax Daily News blares: “Union Agrees to Binding Mediation”. Given that mediation isn’t binding unless the parties come to an agreement during mediation, I was curious to see if we had yet another reporter without a clue or...
by Marvin Schuldiner | Mar 29, 2007 | Commercial Mediation
One of the advantages of mediation is that the parties agree to their own settlements, unlike a trial, where a jury or a judge will impose their own settlement on the parties in a judgment. But what happens when a party tries to either get out of a deal or go back to...
