Are Judges and Juries like Referees and Umpires? Are Referees and Umpires Fair? Why lawsuits are crapshoots.

by Marvin Schuldiner | Feb 1, 2010 | Arbitration, Divorce Mediation and Law, Elder Mediation and Elder Law and Issues | 0 comments

Analogies between a finder of fact (a judge or jury) and referees or umpires (the arbiter of a game’s rules) are often made.  It is open to debate whether the analogy firmly holds.  However, it is often interesting to discuss whether any “neutral”...

Would you take less than 30%? Most Would Not.

by Marvin Schuldiner | Dec 27, 2009 | Divorce Mediation and Law, Elder Mediation and Elder Law and Issues | 0 comments

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...

NJ Court Public Information Rules Amended

by Marvin Schuldiner | Jul 29, 2009 | Divorce Mediation and Law, Elder Mediation and Elder Law and Issues, Lawsuits | 0 comments

I have previously written about the proposed rules changes by the NJ Supreme court regarding public access to court records here and here. In a nutshell, we have an open and public court system.  Most (but not all) records of the court are public but are currently...

What is Mediation?

by Marvin Schuldiner | Apr 22, 2009 | Divorce Mediation and Law, Elder Mediation and Elder Law and Issues | 0 comments

Here is a cute video produced by the Department of Veteran’s Affairs which explains mediation using fables.  This example mediation is closer to how a commercial and elder mediation would work moreso than a divorce mediation (where the issues are more defined,...

NPR Story on Elder Mediation

by Marvin Schuldiner | Apr 16, 2009 | Elder Mediation and Elder Law and Issues | 0 comments

The longer lifespans of Americans combined with family issues have created (or in some cases exacerbated) existing family disputes and conflict.  Issues and conflicts which have become more common include: If/when to “take away” a parent’s...

You don't have to be an attorney to be a mediator?

by Marvin Schuldiner | Jan 23, 2009 | Divorce Mediation and Law, Elder Mediation and Elder Law and Issues | 0 comments

This is one of the most common questions I get.  The answer is no.  Why?  There are a number of reasons. Mediating a dispute is not about the law.  Trials and motions are about the law.  Mediating is about identifying the issues in dispute, fact finding and...