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 | Nov 12, 2017 | Arbitration, Commercial Mediation
Many people confuse arbitration with mediation. They are not the same thing and they are not interchangeable. On this blog, I rarely delve into the world of politics and international relations. However, I will given a comment made by President Trump on his trip to...
by Marvin Schuldiner | Aug 28, 2017 | Arbitration
Arbitration is where a private judge (or a panel of private judges) called an arbitrator makes a usually binding decision for the parties. Micronomics performed a study comparing AAA Arbitration to Litigation in federal court and here is what they found: Arbitrations...
by Marvin Schuldiner | Sep 29, 2016 | Arbitration, Lawsuits
Midland Funding LLC v. Bordeaux was decided by the Appellate Division in a published decision today. The underlying case involves a credit card debt collections matter. The plaintiff bought the credit card debt and tried to enforce an arbitration agreement allegedly...
