by Marvin Schuldiner | Feb 9, 2018 | Arbitration
A defendant’s attorney inserts handwritten paragraph 3A into an Agreement to Arbitrate that reads, “The parties reserve their rights to appeal the arbitrator’s award to the appellate division as if the matter was determined by the trial...
by Marvin Schuldiner | Jan 15, 2018 | Conflict Quote
“In any continuing relationship, any persistent feeling had better be expressed.” — Carl Rogers, American Psychologist (1902 – 1987)
by Marvin Schuldiner | Jan 8, 2018 | Labor and Employment
I recently wrote about efforts in NJ to limit non-disclosure agreements in sexual harassment settlements. With the recent sweeping tax code changes signed into law in late 2017, the deductibility of sexual harassment settlements with non-disclosure clauses is now...
by Marvin Schuldiner | Jan 8, 2018 | Uncategorized
Here are the top 10 read blog posts in 2017: What are your chances at trial? How well do plaintiffs and defendants do in state civil courts? Gamesmanship In A Lawsuit And Discovery Can Cost You Do Retired Judges Make Good Mediators? Are Hugs at Work Sexual Harassment?...
by Marvin Schuldiner | Jan 8, 2018 | Off Beat
NCAA Basketball referee Ted Valentine was removed from two games by the Big Ten Conference for misconduct during a game. While that does happen from time to time, his comments about his conflict resolution training leave me scratching my head. The Athletic reports...
by Marvin Schuldiner | Nov 12, 2017 | Arbitration, Commercial Mediation
Many people confuse arbitration with mediation. They are not the same thing and they are not interchangeable. On this blog, I rarely delve into the world of politics and international relations. However, I will given a comment made by President Trump on his trip to...
by Marvin Schuldiner | Oct 25, 2017 | Labor and Employment, Lawsuits
Sexual harassment and discrimination have been in the forefront of the news since last year’s presidential election. Recent headlines talk about the serial nature of the alleged sexual harassment perpetrated by Harvey Weinstein, Bill O’Reilly, and many...
by Marvin Schuldiner | Aug 28, 2017 | Arbitration
Arbitration is where a private judge (or a panel of private judges) called an arbitrator makes a usually binding decision for the parties. Micronomics performed a study comparing AAA Arbitration to Litigation in federal court and here is what they found: Arbitrations...
by Marvin Schuldiner | Aug 7, 2017 | Lawsuits
Almost everyone who appears in a commercial mediation I conduct thinks they are going to win their lawsuit — if they are among the 1.5% or so of cases that actually make it to trial. People understandably get caught up in the emotion of their case. Humans...
by Marvin Schuldiner | Jul 10, 2017 | Conflict Quote
“Wisdom consists of the anticipation of consequences.” — Norman Cousins (1915 – 1990), American political journalist, author, professor, and world peace advocate. One of the goals of mediation is to anticipate consequences of the decisions the...
