A Case For Expanded Use Of Mediation In Bankruptcy Cases

Law360, New York (May 13, 2014, 11:00 PM EDT) -- “Bankruptcy is too expensive, it takes too long, involves too many professionals and the outcome is too uncertain. The bankruptcy laws are complicated, difficult to understand and often make no sense.” What bankruptcy professional has not heard this refrain from a client?

The following is a proposal for the expanded use of mediation (which I will call “facilitation”) in Chapter 11 cases and complex Chapter 7 cases.

First, a disclosure — I am now working as a full-time mediator and arbitrator. Some might say (to paraphrase...
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