by Marvin Schuldiner | Jul 23, 2015 | Arbitration, Commercial Mediation
Can an employer create a condition of employment that prohibits an employee from suing in court? A published Appellate Division decision today says yes. Paul Jaworski, Alexander Haggis and Robert Holewinski were all employees with Ernst & Young (EY). In 2002...
by Marvin Schuldiner | May 3, 2015 | Commercial Mediation
Boxing has long been on the ropes as a major sport. Tonight, Floyd Mayweather is taking on Manny Pacquiao in a welterweight title fight. The fight in itself has been a big draw accompanied by a lot of buzz. But, Floyd Mayweather comes with a bit of controversy. He...
by Marvin Schuldiner | Dec 23, 2014 | Commercial Mediation, Lawsuits
The New Jersey Supreme Court today ruled on a case that was filed in 2006 — some 8+ years ago. And the case is still not resolved. Much like the Willingboro Mall case, wherein litigation lasted 6 years to determine whether an agreement was reached in...
by Marvin Schuldiner | Dec 10, 2014 | Commercial Mediation
When I teach new mediators, we have a section on the causes of conflict. While there are many and many conflicts have more than one root cause, a breakdown in communication can play into many conflicts (and their escalation). One that is making the rounds is typical...
by Marvin Schuldiner | Nov 5, 2014 | Commercial Mediation
I read with some intrigue (or was it puzzleness or sadness) about the legal fight over public records Gannett sought from Raritan Township. In New Jersey, we have the “Open Public Records Act” (OPRA) that specifies which records are available for...
by Marvin Schuldiner | Sep 18, 2014 | Commercial Mediation
Vermont Gas needs to build a pipeline. To accomplish this, they need to buy the right to build their pipeline across private property. And lots of it. What happens when a land owner doesn’t want to sell that right (or want to sell it at a price Vermont Gas is...
by Marvin Schuldiner | Jun 23, 2014 | Commercial Mediation, Lawsuits
It is not a very frequent occurrence that the New Jersey Supreme Court rules on a case involving mediation. But we have a major one here in NJ from 2013: Willingboro Mall, LTD. v. 240/242 Franklin Avenue, L.L.C. It is a landmark case for mediation and mediated...
by Marvin Schuldiner | Jun 5, 2014 | Arbitration, Commercial Mediation
On Friday, June 6, 2014 I will be leading a panel and appearing on another panel at the annual ADR Day Conference run by ICLE and no-sponsored by NJAPM (I am the current President). The panel I will lead will discuss credentialing in the ADR fields (mediation,...
by Marvin Schuldiner | May 28, 2014 | Off Beat
About 5 years ago, I wrote about Carl Malamud, who was fighting a crusade to open source the law. His battle continues to this day and the details can be found in this new article from the American Bar Association.
by Marvin Schuldiner | Apr 9, 2014 | Commercial Mediation
Many people tend to think of divorces or lawsuits as a basis for mediation, but the reality is that any type of dispute can be mediated. A good example of this was a recent resolution of a dispute over development in Miami, FL on a parcel of land which contained...
