by Marvin Schuldiner | Jan 3, 2008 | Commercial Mediation
The American Tort Reform Association is a group that claims its mission is to bring “real justice in our courts.” It was founded in 1986 by the American Medical Association and the American Council of Engineering Companies. Their website claims,...
by Marvin Schuldiner | Dec 28, 2007 | Commercial Mediation
The recent crisis in the mortgage industry has resulted in an increase of loan defaults and foreclosures. This stems from the fact that many homeowners took out loans with low interest rates, but for short terms with a balloon payment to be re-financed. As those...
by Marvin Schuldiner | Dec 17, 2007 | Commercial Mediation, Off Beat
When I mediate commercial cases that are referred to me by the court, they range the spectrum of topics and subject matter. I’d say that in most of the cases I get, the parties have legitimate claims and defenses. The disputes are a matter of a loss of...
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...
