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,...
by Marvin Schuldiner | Feb 11, 2021 | Commercial Mediation, Lawsuits
The pre-COVID NBA championship of the Toronto Raptors over the Golden State Warriors had a controversial ending. Raptors president Masai Ujiri, who is Black, was prevented from going on the floor at the Warrior’s court in Oakland, California by Alan Strickland,...
by Marvin Schuldiner | Feb 2, 2021 | Commercial Mediation, Labor and Employment
The Equal Employment Opportunity Commission (EEOC) adjusted to the coronavirus (COVID) pandemic by converting to holding mediations via video conference. This was initially done under a six-month pilot program that started in July 2020. The EEOC just announced the...
by Marvin Schuldiner | Jan 12, 2021 | Commercial Mediation, Lawsuits
The rate at which trials are used to resolve lawsuits has dropped significantly over the decades. We are now at the point where less than 1% of cases are settled via a trial. In the 2019-2020 court year (July to June), in the Civil Part of Law Division in Superior...
