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NY Knicks Dolan-Oakley Dispute Goes to Mediation

March 30, 2020

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 was thrown out of a game by MSG security. A federal lawsuit followed and here we are. A judge dismissed Oakley’s lawsuit and…

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EEOC Claims in FY 2019

By Marvin Schuldiner

February 10, 2020

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 cases in the Philadelphia area office, for both private sector complaints as well as federal sector complaints (involving federal employees). The EEOC has published its fiscal year 2019 statistics. Complaints have dropped again, down to 72,675.…

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Conflict Quote — Alan Watts

By Marvin Schuldiner

August 2, 2019

“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…

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Conflict Quote — Maya Angelou

By Marvin Schuldiner

February 22, 2019

“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 or wrong” — Maya Angelou (1928 – 2014), American poet, singer, memoirist, and civil rights activist…

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EEOC Mediations Canceled During Goverment Shutdown

By Marvin Schuldiner

January 15, 2019

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 people in addition to my colleagues at the EEOC who are not getting paid. About 70% of cases I mediate at the EEOC settle in the mediation. Let’s hope the government settles the shutdown dispute…

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Mediation? Arbitration? Not Knowing the Difference Can Cost You

By Marvin Schuldiner

January 11, 2019

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 whereby a private judge — the arbitrator — makes a decision, often binding, upon the disputants. In mediation, the parties come to a voluntary resolution (or not) with the help of the…

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Arbitration Clauses Must be Complete

By Marvin Schuldiner

October 22, 2018

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 their dispute. In fact, in NJ, the NJ Supreme Court has ruled that an arbitration clause must explicitly state that the parties may be giving up their rights to go to court. …

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In NJ, What is the Effect of an Unenforceable Clause in an Agreement to Arbitrate?

By Marvin Schuldiner

February 9, 2018

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 court.” Both sides initialed the inserted paragraph. Just one problem: to vacate an arbitration award, the matter must first be heard by a Superior Court trial level judge (and not Appellate Division). So How does a Court handle an invalid…

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Conflict Quote — Carl Rogers

By Marvin Schuldiner

January 15, 2018

“In any continuing relationship, any persistent feeling had better be expressed.” — Carl Rogers, American Psychologist (1902 – 1987)…

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New in the US Tax Code: No deduction for Sexual Harassment Settlements with Non-Disclosure Clauses

By Marvin Schuldiner

January 8, 2018

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 under question. Section 13307 was inserted by Congress in response to the #MeToo movement/backlash from the Weinsteins of the world. It’s short (with my emphasis): (a) Denial Of Deduction.—Section 162 is amended by redesignating subsection…

Sanns ADR

Blog Authors

NY Knicks Dolan-Oakley Dispute Goes to Mediation

EEOC Claims in FY 2019

Conflict Quote — Alan Watts

Conflict Quote — Maya Angelou

EEOC Mediations Canceled During Goverment Shutdown

Mediation? Arbitration? Not Knowing the Difference Can Cost You

Arbitration Clauses Must be Complete

In NJ, What is the Effect of an Unenforceable Clause in an Agreement to Arbitrate?

Conflict Quote — Carl Rogers

New in the US Tax Code: No deduction for Sexual Harassment Settlements with Non-Disclosure Clauses

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