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 | Oct 31, 2009 | Commercial Mediation, Lawsuits
Much of what happens in a lawsuit is gamesmanship, especially during the discovery phase. Discovery comprises much of the pre-trial phase of litigation where each party seeks to understand what the other side(s) know, what documents they have pertaining to the...
by Marvin Schuldiner | Aug 3, 2009 | Commercial Mediation, Lawsuits
I tell all my civil mediation clients the same thing: If you’re going to settle, settle early. Why? That gets to why a litigant should settle a lawsuit in the first place. When a litigant settles a case, they are essentially “buying off” two...
by Marvin Schuldiner | Jul 29, 2009 | Commercial Mediation, Lawsuits
I have previously written about the proposed rules changes by the NJ Supreme court regarding public access to court records here and here. In a nutshell, we have an open and public court system. Most (but not all) records of the court are public but are currently...
by Marvin Schuldiner | Mar 4, 2009 | Commercial Mediation, Lawsuits
Former Judge Roy Pearson has lost his bid to have his appeal heard by the entire bank (“en banc”) panel of appelate judges. All 6 of the other judges on the panel refused to hear the case which the other 3 judges unanimously denied. Pearson’s only...
by Marvin Schuldiner | Mar 3, 2009 | Commercial Mediation, Lawsuits
In January 2009, the New Jersey state government and courts implemented a foreclosure mediation program to help both homeowners and banks resolve outstanding balances on home mortgages. A homeowner can ask the court to be entered into the voluntary mediation program...
