Sanns Mediation World of ADR

Conservation of Energy in Conversation

Marvin Schuldiner — Tue, 16 Apr 2013 13:48:33 +0000

Seth Godin has some sage advice today…. Conservation of energy in conversation If you escalate (cut off in traffic, angry at the gate agent, frustrated at your boss), you’ve just added (negative) energy to a conversation. If you escalate (high-pitched enthusiasm, a hug, encouraging words), you’ve just added (positive) energy to a conversation. Once the [...]

The Value of a Good Mediator

Marvin Schuldiner — Wed, 09 Jan 2013 17:44:58 +0000

A question (or sometimes criticism) I often hear about mediation is that the parties could just negotiate the solution out by themselves. In some cases, this is true. However, in the majority of cases which reach impasse, a mediator can be very helpful. Let’s take the recent settlement in the National Hockey League (NHL) player [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]