by Marvin Schuldiner | Jan 4, 2010 | Commercial Mediation
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...
by Marvin Schuldiner | Dec 27, 2009 | Commercial Mediation
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...
by Marvin Schuldiner | Dec 27, 2009 | Commercial Mediation
Part of being an effective mediator is having a good understanding about how people make decisions. After all, a mediator is assisting people in making decisions. We all like to think we are making rational decisions. However, that is not always the case (despite...
by Marvin Schuldiner | Dec 14, 2009 | Arbitration
Arbitration is an alternative to a court making a decision on an issue in dispute by having an arbitrator, or private judge, make a decision on a matter. The benefits of arbitration include a quicker and less expensive trail to a decision. The disadvantage is that the...
by Marvin Schuldiner | Oct 31, 2009 | Commercial Mediation, Lawsuits
Much of what happens in a lawsuit is gamesmanship, especially during the discovery phase. Discovery comprises much of the pre-trial phase of litigation where each party seeks to understand what the other side(s) know, what documents they have pertaining to the...
