“In my mind, there was a stigma attached to bankruptcy. Bankruptcy meant weakness, failure . . . that you weren’t able to take care of yourself and your family on your own, as a man,” Jose Miranda told us.
In Ozenne v. Chase Manhattan Bank (In re Ozenne), a majority of the U.S.
In recent years, bankruptcy judges — including the co-author of this article — have been mediating cases with more frequency. Parties in bankruptcy-related disputes often request that one of the local bankruptcy judges mediate their cases, or in other cases, that a bankruptcy judge refer a matter to a colleague for mediation. Having bankruptcy judges mediate disputes can be an effective and economical way to resolve contentious matters.
In many bankruptcy courts, using mediation to resolve complex disputes, or at least narrow issues in dispute, has become commonplace.[1] In fact, in certain jurisdictions mediation of adversary proceedings is mandatory.[2] However, one recent bankruptcy court expressed disapproval at the notion that every bankruptcy dispute should be mediated, and set forth the factors it will consider before allowing parties to expend any estate funds on mediating disputes.
Autonomy. Flexibility. Privacy. Cost Efficiency. Closure. These are some of the many reasons that parties choose to mediate. But once the parties agree to mediate, then what? Below are suggestions to help you maximize the value of mediation in bankruptcy cases.
A. How to Get the Most Out of Your Mediation
During this informative call, the Newsletter Editors for the Mediation and Bankruptcy Litigation committees briefly disucssed the results of their joint survey concerning views about mediation. Ed Dobbs then lead a substansive discussion on mediation ethics. Click here to view the results of the survey and the outline provided by Mr. Dobbs that were published in a recent newsletter.
We asked our joint membership to respond to mediation-related survey questions in order to better understand the experience and to receive comments from the litigant’s and mediator’s perspectives. We would like to thank all those who responded to the survey. We received a robust response and are providing highlights to our joint membership.
This article by C. Edward Dobbs provides a detailed outline for party advocates and mediators.
War and Peace: Recent Trends and Developments in Bankruptcy Litigation and Mediation
Unlike the more common pre-dispute arbitration agreement in which the contracting parties agree to arbitrate disputes if and when they occur, a structured arbitration agreement is a negotiated contract created after a dispute arises. It is customized to fit the facts and risks facing the parties and includes dispute-specific procedural rules applicable to both the parties and the arbitrator or arbitration panel.