Author: thepeacetalks

  • Online Dispute Resolution in a Post COVID-19 World

    Online Dispute Resolution in a Post COVID-19 World

    [et_pb_section admin_label=”section”] [et_pb_row admin_label=”row”] [et_pb_column type=”4_4″][et_pb_text admin_label=”Text”] Online dispute resolution, both arbitration and mediation, are now available even from home. For some time, mediators and arbitrators have been using video conferencing to resolve disputes between people from different area codes, cities, states and countries. Recently, I conducted a mediation between a party from Africa and…

  • BINDING AGREEMENTS IN MEDIATION

    BINDING AGREEMENTS IN MEDIATION

    By Robert E. L. Wright, Mediator and Arbitrator A federal district judge in Detroit has upheld rulings by a bankruptcy judge and a federal magistrate enforcing a settlement agreement reached in mediation. The Debtor/Defendant attempted to avoid the terms of the agreement by arguing it was merely an “agreement to agree,” not a binding settlement,…

  • Preparing for a Successful Mediation – Part 4

    Preparing for a Successful Mediation – Part 4

    [et_pb_section admin_label=”section”] [et_pb_row admin_label=”row”] [et_pb_column type=”4_4″][et_pb_text admin_label=”Text”](This is the final installment of a four-part guide to help participants prepare for mediation. It began as a checklist for attorneys to use when preparing themselves and their clients to achieve better outcomes in the mediation of a court-connected matter. As more and more people use mediation without…

  • Preparing for a Successful Mediation – Part 3

    Preparing for a Successful Mediation – Part 3

    [et_pb_section admin_label=”section”] [et_pb_row admin_label=”row”] [et_pb_column type=”4_4″][et_pb_text admin_label=”Text”]This is part three of a four-part guide on preparing for mediation. It began as a checklist for attorneys to use when preparing themselves and their clients to achieve better outcomes in the mediation of a court-connected matter. As more and more people use mediation without attorneys, this guide…

  • Preparing for a Successful Mediation – Part 2

    Preparing for a Successful Mediation – Part 2

    (This is part two of a four-part guide on preparing for mediation. It began as a checklist for attorneys to use when preparing themselves and their clients to achieve better outcomes in the mediation of a court-connected matter. As more and more people use mediation without attorneys, this guide can assist participants to mediate more…

  • Preparing for a Successful Mediation – Part 1

    Preparing for a Successful Mediation – Part 1

    (This is part one of a four-part article on preparing for mediation. It is adapted from a checklist for attorneys to use when preparing themselves and their clients to achieve better outcomes in the mediation of court-connected matters. As more and more people use mediation without attorneys, these tips can assist them to mediate more…

  • Family Matters — in Mediation

    Family Matters — in Mediation

    An aging parent is resisting attempts by children or others to make difficult, life-restricting changes: giving up their car keys; turning over their checkbook; moving from their life-long home; separating from a spouse for medical reasons; or a first-time experience dealing with doctors, lawyers, insurance and Medicare. Each of these life-altering situations is the tip…

  • ROBERT WRIGHT TO CHAIR ADR COMMITTEE FOR BANKRUPTCY COURT

    Robert E. L. Wright of The Peace Talks, PLC has been appointed by the U.S. Bankruptcy Court in Grand Rapids to chair a subcommittee charged with developing new rules for alternative dispute resolution processes in bankruptcy cases filed in west Michigan and Michigan’s Upper Peninsula. A Harvard-trained attorney/mediator and arbitrator with over 30 years’ experience…

  • Breaking the First Offer Logjam in Mediation

    Breaking the First Offer Logjam in Mediation

    Recently, in a mediation training, a new mediator asked me what to do when a defendant is unwilling to submit an offer because they are convinced the case will be thrown out of court. The following technique was designed for mediators, but it can also be effective for lawyers in negotiations when their own client is reluctant to…

  • Why Mediate?

    Why Mediate?

    Mediation is a process where a neutral third-party meets with parties in dispute (“disputants”) to act as a moderator for their settlement negotiations and attempts to satisfy as many needs and interests of all concerned as possible. The process works with or without court involvement. It is private, confidential and, since no disputant can be…