by Marvin Schuldiner | Feb 1, 2010 | Arbitration, Commercial Mediation
Analogies between a finder of fact (a judge or jury) and referees or umpires (the arbiter of a game’s rules) are often made. It is open to debate whether the analogy firmly holds. However, it is often interesting to discuss whether any “neutral”...
by Marvin Schuldiner | Dec 14, 2009 | Arbitration
Arbitration is an alternative to a court making a decision on an issue in dispute by having an arbitrator, or private judge, make a decision on a matter. The benefits of arbitration include a quicker and less expensive trail to a decision. The disadvantage is that the...
by Marvin Schuldiner | Jul 22, 2009 | Arbitration, Commercial Mediation
Most credit cardholder agreements contain a provision that upon default, the dispute will go before an arbitrator (a private judge) for a decision. As with home mortgages, many consumers in default on their debt will ignore the notices for the arbitration hearing. ...
by Marvin Schuldiner | Oct 30, 2008 | Arbitration, Commercial Mediation, Lawsuits
The U.S. Department of Justice’s Bureau of Justice Statistics has released the “Civil Justice Survey of State Courts, 2005”. The 2005 CJSSC was the first time that the series examined general civil trials concluded in a national sample of urban,...
by Marvin Schuldiner | Aug 1, 2008 | Arbitration
This question is one of the big debates going on in the legal and ADR/CDR worlds. Arbitration is essentially a private court (actually, that’s what tv shows like “People’s Court” and “Judy Judy” are). The advantage is generally...
