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MSBA News

ADR Tip of the Month - March 2015

March ADR Tip of the Month

This practice tip is drawn from the MSBA ADR Section's March 10, 2015, ADR CLE, "Bankruptcy Mediation In Adversary and Non-Adversary Proceedings," co-sponsored with the MSBA Bankruptcy Law Section.
 

Three Takeaways for Mediating Bankruptcy Matters:

  1. Mediators:  Make sure your  engagement as a mediator is court approved or you run the risk of not being paid!
  2. Mediators:  Make sure you understand the kind of claim/issue you are facilitating; identify the parties required to resolve the particular claim/issue and make sure you have all of them at the table-otherwise any settlement reached may not be effective.
  3. Parties:  Bankruptcy settlements typically require bankruptcy court approval, so do not count on confidentiality of terms.   

Practice tip written by Jeff Ansel, Winthrop & Weinstine, P.A., Moderator for the March MSBA ADR CLE.