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In an article for The Review of Banking & Financial Services, Litigation partner Julia Winters explains that while mediation is a staple of large chapter 11 bankruptcy cases, there are issues that make mediation an unwieldy tool in the bankruptcy context.
After a brief review of how mediation has become ubiquitous in chapter 11 cases, Julia discusses how mediation can become unwieldy given the particular dynamics of bankruptcy proceedings, especially considering the sheer number of stakeholders often involved. Julia reviews a number of issues to make the point that bankruptcy mediation often leads to an "art of the possible" settlement rather than a resolution that is acceptable all participants.
"Mediation in Bankruptcy — An Important, Albeit Unwieldy Tool," The Review of Banking & Financial Services, Vol. 38, No. 11, November 2022
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