A User's Guide to Bankruptcy Mediation and Settlement Conferences

Jarrod B. Martin, University of Miami

Abstract

In few areas of law does mediation provide as many benefits as it does in bankruptcy. Pushed by a drastic increase in the amount of bankruptcy filings, the need to streamline bloated dockets, and hopes of reducing the increasingly high cost of bankruptcy litigation has forced bankruptcy judges and attorneys to seek out and employ various methods of alternative dispute resolution. If used correctly, alternative dispute resolution can reduce the strain on both the over-burdened court system and litigants’ monetary bottom-line by providing fast and inexpensive ways to avoid traditional bankruptcy litigation. This paper provides a practical roadmap for practitioners on how to successfully navigate bankruptcy mediations and settlement conferences, utilizing the experience of a bankruptcy mediator, bankruptcy judges, and bankruptcy practitioners.