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, […]

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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 […]

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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 […]

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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 […]

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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 […]

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