by Marvin Schuldiner | Jun 21, 2022 | Commercial Mediation, Lawsuits
Perhaps you’ve heard the term summary judgment and always wondered about it. If so, read on. What is Summary Judgment? Generally speaking, trials in civil cases are about determining facts. The finder of fact, whether it is a jury or a judge (in bench trials),...
by Marvin Schuldiner | Jun 14, 2022 | Commercial Mediation, Lawsuits
In 2016, Massachusetts lawyer Robert Ambrogi wrote a blog post about a then-new service that attempted to “rank” attorneys based on their court results. The founders were two undergrads from Harvard University and the first covered state was Massachusetts...
by Marvin Schuldiner | Jun 12, 2022 | Commercial Mediation
The COVID-19 pandemic that emerged in the United States in 2020 has changed many things. Online dispute resolution (ODR) and online mediation have become widely used. Many mediators — me included — had concerns about how effective ODR would be. From the...
by Marvin Schuldiner | May 23, 2022 | Arbitration, Commercial Mediation, Lawsuits
It’s no secret that the COVID pandemic has delayed all kinds of trials in NJ state courts. The courts were generally closed for the last two years and several counties either remain closed or are still holding trials via Zoom. In addition to COVID, the courts...
by Marvin Schuldiner | Apr 21, 2022 | Uncategorized
If you are interested in becoming a civil/business mediator, I am teaching the basic 40-Hour Civil Mediation Training Course in June 2022. This course covers the training qualification for admission to the New Jersey Superior Court roster. Because of the COVID-19...
by Marvin Schuldiner | Nov 5, 2021 | Uncategorized
Seeking admission to the New Jersey Superior Court’s civil mediation rosters but you received your training more than five years ago or received your 40-hours of basic training out of the state of New Jersey? Are you a member of the court’s Family Mediation Roster and...
by Marvin Schuldiner | Sep 27, 2021 | Commercial Mediation
When I teach mediation, one of the definitions we discuss is how mediation is a guided negotiation. Participants need to be able to negotiate, yet we live in a society where we rarely negotiate. And when we do (buying a car or house), we generally hate it. The ADR...
by Marvin Schuldiner | Jun 16, 2021 | Commercial Mediation
Usually when people think of force majeure, they think of hurricanes and other natural disasters — not usually a pandemic. The COVID-19 pandemic has brought force majeure to the forefront of legal issues. Force majeure is a contractual concept where a party is...
by Marvin Schuldiner | May 25, 2021 | Commercial Mediation, Lawsuits
The default in our society for resolving disputes is litigation — filing a lawsuit in court. It beats dueling. Ask Alexander Hamilton how that worked out for him. Generally speaking, we do not put enough resources into running our court systems, but the...
by Marvin Schuldiner | Apr 29, 2021 | Labor and Employment
The Family and Medical Leave Act (FMLA) was enacted into law to help people who are sick or who have family members who are sick take time to address the illness and not lose their job. A recent case, Kirby Smith v. Yelp (No. 20 CV 1166, United States District Court,...
