Download or read book Alternative Dispute Resolution in a Bankruptcy Court written by Steven Hartwell and published by . This book was released on 1988 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A publication of the Federal Judicial Center"--Cover.
Download or read book Mediation in Bankruptcy written by Robert J. Niemic and published by . This book was released on 1998 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Federal Judicial Center survey of mediation participants.
Download or read book The ABI Guide to Bankruptcy Mediation written by Jacob Aaron Esher and published by . This book was released on 2009 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Alternative Dispute Resolution in a Bankruptcy Court written by Steven Hartwell and published by . This book was released on 1988 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A publication of the Federal Judicial Center"--Cover.
Download or read book Bankruptcy and Foreclosure Mediation written by Michael R. Sment and published by Aspatore Books. This book was released on 2014 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by an experienced civil litigator and mediator, expert in the complex areas of federal bankruptcy law and California foreclosure law, and long-time California real estate specialist, Bankruptcy and Foreclosure Mediation provides an in-depth look into the complicated and technical areas of bankruptcy law, foreclosure law, and the use of mediation for issues and disputes in those fields. The book examines the history and growth of bankruptcy laws and foreclosure laws in the United States, as well as the federal aspects of bankruptcy and the state law aspects of foreclosure and real estate matters. Also, various federal court mediation programs are compared, including the leading bankruptcy mediation program for the US Bankruptcy Court for the Central District of California. Recent changes in California foreclosure and real estate laws are identified and addressed, including the homeowner bill of rights and the new requirements for pre-foreclosure communications. The book also addresses issues relating to the ongoing and future financial and budget problems for federal, state, and local courts, and points out how ADR methods, particularly mediation, may give California real estate disputants the best chances of securing or keeping their real property or real property interests.
Download or read book ABI Guide to Bankruptcy Mediation written by Erwin I. Katz and published by . This book was released on 2005 with total page 54 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Mediation in Bankruptcy written by Robert J. Niemic and published by . This book was released on 1998-01-01 with total page 63 pages. Available in PDF, EPUB and Kindle. Book excerpt: Determines whether there is a need for national bankruptcy rules to govern mediation. The survey determined the extent & severity of problems that the committee, lawyers, & mediators believe may affect mediation conducted after judicial referral. A questionnaire was developed to determine the extent & severity of any problems regarding mediation conducted after judicial referral. For the survey mailing, names & addresses of counsel & mediators were obtained who had participated in the mediation of one or more bankruptcy matters after judicial referral pursuant to local bankruptcy rules or procedures during the 3-year period before May 1997.
Download or read book Mandatory Mediation Programs written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Administrative Oversight and the Courts and published by . This book was released on 2011 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book You ve Got Your Mother s Laugh written by Nancy Welsh and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Due to our current deep economic woes, growing bankruptcy filings, and apparent legislative unwillingness to expand the number of judges, bankruptcy courts are exploring the use of mediation to help resolve adversary proceedings, negotiate elements of reorganizations, and deal with claims that cannot be heard directly in bankruptcy proceedings. In addition, mediation advocates have been consistent in urging greater use of the process to reduce debtors' and claimants' costs, bridge the jurisdictional and standing challenges that bankruptcies can pose, and offer claimants the opportunity to be heard and determine their own resolution of claims. At this point, the relatively few judicial opinions currently available that discuss bankruptcy mediation demonstrate that bankruptcy courts generally favor the use of mediation to resolve claims and help with reorganizations. The cases also reveal, however, that some parties are attempting to use mediation to achieve unexpected and potentially inappropriate results and that bankruptcy judges, parties and/or their lawyers apparently expect mediators to do much more than facilitate the parties' communication, negotiation and resolution. Sometimes, for example, judicial opinions reveal an assumption that mediators will make decisions - both procedural and substantive - and that in reviewing these decisions, judges should grant substantial deference to the mediators. Cases such as these suggest that the repeat players within bankruptcy do not understand how the role of the mediator is supposed to diverge in significant ways from the “traditional neutral” roles of trustee, special master, magistrate, arbitrator, examiner or judge. Though an appropriate response would appear to be education of the repeat players involved in bankruptcies, these cases also may signal that mediation will not always be the most appropriate vehicle for resolving issues within, or related to, bankruptcy. Instead, it may be that bankruptcy courts should both incorporate mediation in appropriate cases and consider expanding the availability or functions of “traditional neutrals”. In the bankruptcy context, that might mean experimenting with the use of trustees and examiners in innovative procedures that include, as one part of the procedures, facilitation of dialogue and consensual resolution. Importantly, bankruptcy courts would need to ensure that both trustees and examiners receive training in facilitation skills and procedures that will help them manage this new function appropriately and achieve both procedural and substantive justice. Though divorce and child custody matters may seem far-removed from bankruptcy proceedings, liquidations and reorganizations bear some intriguing superficial similarities to divorces and ongoing custody and support arrangements (perhaps better termed “familial reorganizations” for purposes of this Article). In addition, an examination of the use, abuse and evolution of mediation in this area of practice may prove useful for those who are now introducing mediation into bankruptcy. For example, some commentators have recently begun advocating for a more limited use of divorce and child custody mediation, in part due to the emergence of new, hybrid dispute resolution models that confound any bright line distinction between consensual and adjudicative approaches. This Article begins to suggest options that would permit bankruptcy courts, repeat players within the system and their clients to skip a couple of the stages that were involved in the evolution of divorce and child custody mediation, provided there is willingness to consider the lessons of others' history (or as this Article's title suggests, “her/history”).
Download or read book All about Bankruptcy Mediation written by Canada. Office of the Superintendent of Bankruptcy and published by . This book was released on 2009 with total page 1 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Mediation in Bankruptcy written by Robert J. Niemic and published by . This book was released on 1998 with total page 63 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book All about Bankruptcy Mediation written by and published by . This book was released on 2009 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Bankruptcy Mediation written by Leslie Ann Berkoff and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book What They Really Want Bringing Objective Evaluation Into Mediation written by Elayne E. Greenberg and published by . This book was released on 2017 with total page 8 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bankruptcy mediators and bankruptcy mediation advocates mistakenly aver that parties in a bankruptcy mediation just want their esteemed mediator to provide the parties with her evaluation of the case in dispute. “Just give us your evaluation.” However, experienced mediators understand that what advocates are actually saying is, “Just confirm that you agree with my side.” In this chapter, I will first discuss why giving your evaluation of the case, even when both sides insist that is what they want, could begin the descent down a slippery slope that abruptly terminates the mediation. Then, I will suggest how experienced bankruptcy mediators might bring an evaluation of the case into the bankruptcy mediation, without having the evaluation come directly from the mediator.
Download or read book Mediation in Bankruptcy written by Robert J. Niemic and published by . This book was released on 1998 with total page 63 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Mandatory Mediation Programs written by United States. Congress and published by Createspace Independent Publishing Platform. This book was released on 2017-12-30 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mandatory mediation programs : can bankruptcy courts help end the foreclosure crisis? : hearing before the Subcommittee on Administrative Oversight and the Courts of the Committee on the Judiciary, United States Senate, One Hundred Eleventh Congress, second session, October 28, 2010.
Download or read book Foreclosure Mediation Programs written by United States. Congress and published by Createspace Independent Publishing Platform. This book was released on 2017-12-27 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foreclosure mediation programs : can bankruptcy courts limit homeowner and investor losses? : hearing before the Committee on the Judiciary, United States Senate, One Hundred Twelfth Congress, first session, February 11, 2011.
