Sanns Mediation World of ADR

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 [...] Related posts:

Why It Is Better to Settle a Lawsuit Early I tell all my civil mediation clients the same thing: ...
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Are Judges and Juries like Referees and Umpires? Are Referees and Umpires Fair? Why lawsuits are crapshoots. Analogies between a finder of fact (a judge or jury)...

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 [...] Related posts:

When Others Make the Decisions in a Divorce Sprint/Nextel has a humorous new commercial (embedded below) which posits...
Trial Lawyers Task Force Recommends ADR and Mediation In a previous posting, I discussed the American College of...

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 [...] Related posts:

Why It Is Better to Settle a Lawsuit Early I tell all my civil mediation clients the same thing: ...
NJ Court Public Information Rules Amended I have previously written about the proposed rules changes by...

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 [...] Related posts:

Aribtration Vacature Request Denied and Counsel Fees Charged to Filing Party Arbitration is an alternative to a court making a decision...
NJ Supreme Court Allows Arbitration for Parenting Arrangements…with some Caveats I previously have written about a New Jersey appellate decision...
Credit Card Industry in Disarray Most credit cardholder agreements contain a provision that upon default,...

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. [...] Related posts:

Would you take less than 30%? Most Would Not. Part of being an effective mediator is having a good...
Credit Card Industry in Disarray Most credit cardholder agreements contain a provision that upon default,...

Want Palimony in NJ?? Get it in Writing.

Marvin Schuldiner — Sun, 31 Jan 2010 03:59:21 +0000

On January 18, 2010 departing NJ Governor Jon Corzine signed into law bill S2091, which mandates that any palimony agreement must be in writing and with the advice of independent counsel for both parties. Palimony is the common term for a promise of support by one person to another in a relationship where the parties [...] No related posts.

Tips on Making Foreclosure Mediation Productive

Marvin Schuldiner — Mon, 04 Jan 2010 13:00:16 +0000

I have written previously about how homeowners and lenders can use the court’s foreclosure mediation program to help resolve a foreclosure matter. Here are a few tips on how homeowners can use the mediation process more effectively: Get into the process as early as possible. Waiting until the morning of the sheriff’s sale is probably [...] No related posts.

Get A Settlement Done And On The Record Before It Is Too Late

Marvin Schuldiner — Sun, 27 Dec 2009 19:32:09 +0000

The plaintiff and defendant in a New York medical malpractice lawsuit has come to a putative settlement agreement just before the jury rendered a verdict. The parties failed to get the settlement on the record prior to the jury verdict and the settlement was invalidated and the verdict upheld. In 1996, plaintiff Mahmoud Diarassouba underwent [...] Related posts:

Why It Is Better to Settle a Lawsuit Early I tell all my civil mediation clients the same thing: ...
Gamesmanship In A Lawsuit And Discovery Can Cost You Much of what happens in a lawsuit is gamesmanship, especially...