by Marvin Schuldiner | Sep 10, 2008 | Commercial Mediation
Yesterday, the American College of Trial Lawyers and the Institute for the Advancement of the American Legal released a report entitled “Interim Report on Problems Associated with Discovery”. Discovery is the pre-trial process where each side engaged in...
by Marvin Schuldiner | Sep 10, 2008 | Commercial Mediation
There are many reasons why disputes do not settle, in mediation or outside of it. Often, a party is just not ready — it’s the wrong time for them. They need more information or they need more time to assimilate, absorb and assess information given to...
by Marvin Schuldiner | Aug 1, 2008 | Commercial Mediation
Jeff Bleich, president of the California State Bar, writes in the California Bar Journal about how the legal system is beginning to fail the middle class due to the high costs of the legal system. He makes an analogy to the medical profession and doctors and how the...
by Marvin Schuldiner | Aug 1, 2008 | Arbitration
This question is one of the big debates going on in the legal and ADR/CDR worlds. Arbitration is essentially a private court (actually, that’s what tv shows like “People’s Court” and “Judy Judy” are). The advantage is generally...
by Marvin Schuldiner | Aug 1, 2008 | Arbitration
FINRA is the financial industry’s self-regulatory arm. Part of what they do is manage arbitrations for broker-client and broker-employee disputes. Nearly all brokerage agreements and broker employment agreements contain a clause mandating aribtration rather...