by Marvin Schuldiner | Mar 30, 2020 | Commercial Mediation, Lawsuits
If you are a New York Knicks fan, you are no doubt aware of the battle and lawsuit between Madison Square Garden and NY Knicks owner James Dolan and former Knicks star Charles Oakley. Oakley was a regular at Knicks games until he and Dolan got into a tiff and Oakley...
by Marvin Schuldiner | Feb 10, 2020 | Commercial Mediation, Labor and Employment
The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for administering several federal laws regarding discrimination complaints in the workplace. The EEOC tries to mediate as many cases as possible, as roughly 70% of mediated cases settle. I mediate...
by Marvin Schuldiner | Aug 2, 2019 | Uncategorized
“Problems that remain persistently insoluble should always be suspected as questions asked in the wrong way.” – Alan Watts (6 January 1915 – 16 November 1973), British philosopher
by Marvin Schuldiner | Feb 22, 2019 | Conflict Quote
“Each of us is so much alike, & yet at the same time we are so different, & I have a feeling that if you encountered difficulty, and I with my age encountered the same difficulty, I would respond one way, & you would respond another. Neither would be right...
by Marvin Schuldiner | Jan 15, 2019 | Commercial Mediation
I was supposed to be mediating a case today at the Philadelphia office of the Equal Employment Opportunity Commission (EEOC) today. With the record-long government shutdown still in full effect, all mediations are canceled. The government shutdown does impact everyday...
by Marvin Schuldiner | Jan 11, 2019 | Arbitration, Commercial Mediation
Many people confuse the difference between mediation and arbitration and in an NJ Supreme Court ruling this week, it cost a company who inserted what was purported to be a mandatory arbitration clause into a consumer agreement. In a nutshell, arbitration is a process...
by Marvin Schuldiner | Oct 22, 2018 | Arbitration
Arbitration is essentially hiring a private judge to make a decision in a dispute. If the arbitration is binding, there are few grounds to appeal that award. Arbitration is a creation of contract. Generally, all parties must agree to enter arbitration to resolve...
by Marvin Schuldiner | Feb 9, 2018 | Arbitration
A defendant’s attorney inserts handwritten paragraph 3A into an Agreement to Arbitrate that reads, “The parties reserve their rights to appeal the arbitrator’s award to the appellate division as if the matter was determined by the trial...
by Marvin Schuldiner | Jan 15, 2018 | Conflict Quote
“In any continuing relationship, any persistent feeling had better be expressed.” — Carl Rogers, American Psychologist (1902 – 1987)
by Marvin Schuldiner | Jan 8, 2018 | Labor and Employment
I recently wrote about efforts in NJ to limit non-disclosure agreements in sexual harassment settlements. With the recent sweeping tax code changes signed into law in late 2017, the deductibility of sexual harassment settlements with non-disclosure clauses is now...