The Mediation of Bankruptcy Disputes in the United States
Article from: TDM 4 (2017), in Comparative and International Perspectives on Mediation in Insolvency Matters
Summary
Mediation is well established as an effective and useful means of settling disputes in bankruptcy cases in the United States, as it is in most other litigated matters. It is backed by a policy in the Federal courts and the courts of most of the States that supports alternative dispute resolution, including mediation, and requires that many disputes be mediated before the parties can obtain a trial. Mediation has been used successfully in bankruptcy cases in connection with the resolution of adversary proceedings and in the formulation of consensual reorganization ...