Sanns Mediation World of ADR

SEC Approves FINRA’s Proposal for All Public Arbitration Panels

Marvin Schuldiner — Tue, 01 Feb 2011 15:02:15 +0000

I’ve written previously about the Financial Regulatory Authority (FINRA) proposals for allowing consumer complainants in arbitrations to use all public arbitration panels. Non-public (or industry) panel members are those who work within the financial services industry. Claims for over $100,000 are heard by a panel of three arbitrators. Studies have shown a perception among complainants [...] No related posts.

New York Finally Embraces Irreconcilable Differences

Marvin Schuldiner — Fri, 01 Oct 2010 05:26:44 +0000

New York state was the last state in the United States not to offer its citizens a no fault cause of action for divorce. In August 2010, Governor David Paterson signed into law a bill which adds irreconcilable differences as a cause of action. Property division, alimony, parenting and child support will need to be [...] No related posts.

FINRA to Propose Making All-public Arbitration Panels Permanent

Marvin Schuldiner — Thu, 30 Sep 2010 05:26:36 +0000

Over two years ago, I wrote about a pilot program FINRA established to test all-public arbitration panels. FINRA, the financial industry’s regulatory arm, will be submitting to the Securities and Exchange Commission a rule change proposal next month to make this option for claimants permanent. The current pilot program involves 14 firms that agreed voluntarily [...] No related posts.

Unattractive? Ugly? Maybe you should settle your lawsuit…

Marvin Schuldiner — Wed, 19 May 2010 17:03:46 +0000

A recently published study by Cornell University indicated that “ugly” or unattractive people who are defendants in criminal trials are 22% more likely to be found guilty and are given longer sentences on average (22 months longer) than attractive people. The scientists conducting the study tried to look at why this occurs. Study co-author Justin [...] No related posts.

See a Real Mediation in Action

Marvin Schuldiner — Tue, 11 May 2010 03:21:50 +0000

Most of my regular readers know I almost never have “war stories” of my mediations on this blog. The primary reason why is confidentiality. When my clients enter a mediation, they have an absolute expectation that what is said in the mediation room stays in the mediation room. They do not expect their dirty laundry [...] No related posts.

An Apology or Slap in the Face?

Marvin Schuldiner — Fri, 12 Feb 2010 06:47:30 +0000

I have written before about the power and effectiveness of a sincere apology to help resolve a dispute. Now from West Virginia, a completely different way to resolve a dispute: a slap. Stewart Altmeyer, a prosecutor in Kanawha County, was suspended without pay for one month for agreeing to drop a larceny charge in exchange [...] No related posts.

Still no No-fault Divorce in NY

Marvin Schuldiner — Fri, 05 Feb 2010 13:04:49 +0000

New York is the only state that does not have a no-fault cause of action for divorce. A cause of action is what needs to be proven for your divorce action to prevail. Most states have an irreconcilable differences cause of action, where one side does not have to prove the other side committed some [...] No related posts.

Is Hiring a Detective to Spy on Your Spouse Harassment? In NY, no.

Marvin Schuldiner — Thu, 04 Feb 2010 16:03:24 +0000

The case of Anonymous vs. Anonymous (so captioned by the court to protect the identities of all involved) recently asked and answered this question. This case involved a wife who filed for divorce in November 2008. The husband filed a counterclaim, alleging that the wife was having an affair. In February 2009, the court entered [...] No related posts.

Stock Market Arbitration Filings up 43% in 2009

Marvin Schuldiner — Tue, 02 Feb 2010 12:02:50 +0000

Filings for arbitration at the Financial Industry Regulatory Authority (FINRA), the self-regulation body of Wall Street, are up 43% in 2009 over the previous year. Nearly all brokerage agreement specify FINRA arbitration as the only way to resolve a dispute between a client and broker or an employee and broker. In years where the stock [...] No related posts.

Are Judges and Juries like Referees and Umpires? Are Referees and Umpires Fair? Why lawsuits are crapshoots.

Marvin Schuldiner — Mon, 01 Feb 2010 12:21:01 +0000

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” decider of an outcome (game rules or rules of law) have biases. [...] No related posts.