Join Cullen Speckhart, co-author of the Journal of Corporate Renewal article, “Amendments to Delaware Local Rules Clarify the Scope of Mediation Privilege,” for a timely discussion with Evan Lazerowitz and Richard Mikels. While Delaware has been at the forefront of bankruptcy mediation...
A 10-figure bankruptcy demands innovative approaches to case management and court administration, especially where large numbers of adversary proceedings are expected. One trend in recent cases—pre-discovery mediation—is proving successful in that regard, although it does have potential pitfalls of...
For decades, mediation in bankruptcy has been a preferred method for resolving disputes involving distressed entities, and the enactment of the Small Business Reorganization Acct (SBRA), which became effective on February 19, 2020, practically ensured that this trend would continue. Since the 1980s...
Complex Chapter 11 practice is, at its core, an exercise in consensus building. Mediation has historically been and remains a valuable tool in helping parties involved in Chapter 11 cases (large and small) reach consensus. Two recent examples underscore the value of mediation as a consensus...
On February 1, 2022, amended local rules for the U.S. Bankruptcy Court for the District of Delaware went into effect. Among other things, the Bankruptcy Court’s revised local rules clarify the scope of mediation confidentiality protections. The amended local rules are likely to be seen as welcome...
Frequently, parties locked in a dispute in a bankruptcy case are able to reconcile their differences through a mediation process, as permitted by the local rules and often with encouragement of the court. While Bankruptcy Courts welcome mediation between consenting parties, a court’s discretion is...
Many complex litigation and bankruptcy issues are best suited for discussion outside of the purview of the bankruptcy judge, and the parties would be well served to test the strengths (and weaknesses) of their positions in a mediation setting. Financial advisors play a key role in preparing their...
As we enter Q2, I revel in the many accomplishments TMA has achieved in the first three months of 2022, following the new normal we’ve been living in for the past two years. TMA chapters once again are coming together for regional conferences, many chapters continue to socialize virtually with...
In this issue of the JCR we focus on the cutting-edge topic of mediation, a subject near and dear to me. Having been a mediator and teacher of mediation, I am glad for this opportunity to share my thoughts on this important topic and what it means to the professionals of TMA. Mediation speaks to...
As bankruptcy cases have become more complex and litigious, mediation has increasingly offered a forum for negotiation. Formal litigation of disputes in bankruptcy cases and adversary proceedings frequently imposes significant economic burdens on parties and delays resolution of those disputes. In...
