by Marvin Schuldiner | May 29, 2008 | Commercial Mediation
I’ve posted before about the advantages of trying to mediate with your lender if you find yourself in a mortgage foreclosure situation. Many cases that end up in court could have been resolved before it gets there. Some people are so embarrassed by being in...
by Marvin Schuldiner | May 7, 2008 | Arbitration, Commercial Mediation
As a follow-up to an earlier posting about the overall costs of justice in NJ to the taxpayer, I want to look at the costs of civil lawsuits and litigation to the taxpayers of the state. Mark Fellows of the National Arbitration Forum published an analysis of the...
by Marvin Schuldiner | May 2, 2008 | Arbitration, Commercial Mediation
The State of New Jersey is currently going through the budget process for the fiscal year that begins in July 2008. Like many states, NJ is projecting a large budget deficit due to the downturn in the economy. As a result, all government agencies are being asked to...
by Marvin Schuldiner | May 1, 2008 | Arbitration, Commercial Mediation
New Jersey Lawyer recently took a look at where the future of the practice of law was heading. They surveyed several prominent NJ lawyers to do so. Among the areas of change noted was the lessening of trials to resolve disputes (currently, only 1.8% of all cases...
by Marvin Schuldiner | Apr 7, 2008 | Arbitration, Commercial Mediation
The Institute for Legal Reform recently commisioned a survey to largely address people’s feeling towards lawsuits and arbitration. Lost in this poll was a statistic about mediation. The poll was conducted by respected GOP pollster Bill McInturff along with...
by Marvin Schuldiner | Mar 19, 2008 | Commercial Mediation
Often, the BATNA (best alternative to a negotiated agreement; one of the core principles from “Getting to Yes”) in a lawsuit-based mediation is a trial in a court of law. Some trials are bench trials (where a judge makes the decision on the outcome, such...
