by Marvin Schuldiner | Jan 23, 2009 | Commercial Mediation
This is one of the most common questions I get. The answer is no. Why? There are a number of reasons. Mediating a dispute is not about the law. Trials and motions are about the law. Mediating is about identifying the issues in dispute, fact finding and...
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 | Sep 10, 2008 | Commercial Mediation
Yesterday, the American College of Trial Lawyers and the Institute for the Advancement of the American Legal released a report entitled “Interim Report on Problems Associated with Discovery”. Discovery is the pre-trial process where each side engaged in...
by Marvin Schuldiner | Sep 10, 2008 | Commercial Mediation
There are many reasons why disputes do not settle, in mediation or outside of it. Often, a party is just not ready — it’s the wrong time for them. They need more information or they need more time to assimilate, absorb and assess information given to...
by Marvin Schuldiner | Aug 1, 2008 | Commercial Mediation
Jeff Bleich, president of the California State Bar, writes in the California Bar Journal about how the legal system is beginning to fail the middle class due to the high costs of the legal system. He makes an analogy to the medical profession and doctors and how the...