by Marvin Schuldiner | Mar 19, 2008 | Commercial Mediation
Often, the BATNA (best alternative to a negotiated agreement; one of the core principles from “Getting to Yes”) in a lawsuit-based mediation is a trial in a court of law. Some trials are bench trials (where a judge makes the decision on the outcome, such...
by Marvin Schuldiner | Mar 18, 2008 | Lawsuits, Off Beat
The news reports today that a British court has ruled in the divorce of Sir Paul McCartney and his wife of 4 years, Heather Mills. Mills was awarded $48.6 million. Some excerpts: Mills declared herself “very, very, very pleased” with a payout that amounted...
by Marvin Schuldiner | Mar 17, 2008 | Off Beat
WSMV in Nashville has a story about a woman who has been declared dead on and off for the last 8 years. But it isn’t doctors who are making the declarations. It’s the U.S. government in the form of the Social Security Administration. In fact, a...
by Marvin Schuldiner | Feb 19, 2008 | Commercial Mediation, Lawsuits
Since anyone can sue anyone else over anything, you really cannot prevent a lawsuit. There are people who are more prone to be litigious than others. However, you can take steps to minimize the chances of facing a lawsuit. I mediate 50+ commercial cases a year. They...
by Marvin Schuldiner | Feb 16, 2008 | Commercial Mediation
I have talked previously about how useful mediation can be if you’re facing foreclosure of your home. With the crisis in the mortgage market and the downturn in the value of homes, many banks do not want to foreclose on properties as they may not be able to sell...
by Marvin Schuldiner | Feb 7, 2008 | Off Beat
As a follow-up to the earlier post on the law degree for sale on eBay, no one bid on the degree. He was asking $100,000 as the opening bid.
by Marvin Schuldiner | Jan 28, 2008 | Lawsuits, Off Beat
Spanish driver sues dead crash cyclist for damage Fri Jan 25, 9:02 AM ET (Reuters) A Spanish driver who collided with a cyclist is suing the dead youth’s family 20,000 euros (14,800 pounds) for the damage the impact of his body did to his luxury car, a Spanish...
by Marvin Schuldiner | Jan 25, 2008 | Commercial Mediation, Lawsuits
This week, a committee of the New Jersey Supreme Court issued a report recommending that the court’s records be made accessible to the public through the internet. The report’s executive summary reads in part: In drafting the proposed rule, the Committee...
by Marvin Schuldiner | Jan 16, 2008 | Commercial Mediation
Courtesy of my west coast colleague Vicky Pinchon, the Toronto (Ontario, Canada) Star newspaper had an article about a mediator who caused far more harm than good. The article reads in part: A Toronto-area family’s problems with the mediator they’d hired...
by Marvin Schuldiner | Jan 15, 2008 | Off Beat
This has absolutely nothing to do with mediation or ADR, but this Microsoft produced video shown at this year’s CES parodying Bill Gates’ last day on the job is hysterical….
