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 | May 8, 2007 | Arbitration, Commercial Mediation
Following up on the post about Binding Mediation, it seems that the mediator turned into an arbitrator and made his ruling. Even though this turned into an arbitration from a mediation, all sides appeared to be very happy with the process and the outcome. Both sides...
by Marvin Schuldiner | May 8, 2007 | Arbitration, Commercial Mediation
The headline in the Halifax Daily News blares: “Union Agrees to Binding Mediation”. Given that mediation isn’t binding unless the parties come to an agreement during mediation, I was curious to see if we had yet another reporter without a clue or...
by Marvin Schuldiner | Mar 29, 2007 | Commercial Mediation
One of the advantages of mediation is that the parties agree to their own settlements, unlike a trial, where a jury or a judge will impose their own settlement on the parties in a judgment. But what happens when a party tries to either get out of a deal or go back to...
by Marvin Schuldiner | Mar 29, 2007 | Commercial Mediation
Here’s a scene from NBC’s comedy “The Office” where mediation is used (in a comic way) to try and resolve an office dispute.
