If you're facing a bankruptcy, it can feel completely overwhelming and frustrating to proceed
through the typical legal process. Unfortunately, litigation is known for lengthy scheduling
delays, costly expenses for attorney time and energy, and the emotional drain associated with
going through court. Thankfully, there are other options through what's known as alternative
dispute resolution. Mediation has a history of being extremely successful in the field of
bankruptcy.
In mediation, a neutral third-party mediator assists the involved parties to come to a resolution.
Mediators are trained in communication techniques that allow you to focus on the main issues
without getting dragged into side arguments or discussions that are not directly relevant to
resolving your bankruptcy. Bankruptcy mediation is available at any point during both commercial
and consumer bankruptcy, although many people might not be aware of its existence. When parties
and their legal counsel agree to move into mediation, the case can proceed in this way
immediately.
Many bankruptcy cases have successfully gone through mediation, achieving resolution much more
efficiently than traditional procedures. Issues regarding preference, non-dischargeability,
avoidance, claims allowance actions, and fraudulent conveyance are some of the most popular
concerns resolved through bankruptcy mediation. Multi-party disputes and contested issues have
also been resolved through the mediation process.
The benefits of mediation are many for both creditors and the debtors going through the process.
In mediation, the parties are in control of the outcome of their dispute through a confidential
and cost-effective means of resolution. Mediation tends to achieve results much more quickly than
traditional litigation. The final decision made through mediation can be a final resolution that
is flexible and creative, aligned to the needs of the involved parties as opposed to taking their
chances in a court system that can be perceived as "winner takes all".
Bankruptcy mediation has become more popular as the number of bankruptcy filings around the
country has increased. Bloated court dockets and delays have reduced the efficiency with which
bankruptcies were being processed, leading to many individuals seeking a better solution.
Mediation is that answer. Through mediation, filers can work directly with their creditors through
the assistance of a trained mediator, successfully sorting out relevant information and developing
flexible final resolutions. Since the scheduling relies on less people and isn't required to take
up space in a courtroom, individuals reach the conclusion to their bankruptcy much more quickly,
allowing them a fresh start and the chance to start living their life again.
----------------------------------------------------
If you can no longer pay your creditors, you may choose to file for bankruptcy. Get a fresh start
- by liquidating assets to pay your debts or by creating a repayment plan. Based in Oakland,
California, Claude D. Ames Law Offices can provide the legal representation that you need for
Chapter 7 and Chapter 11 bankruptcy. Please call (510) 652-1300 or visit his website:
http://www.claudeamesarbmed.com
Posted by http://jrandallfrier.com/
Friday, October 18, 2013
Tuesday, October 15, 2013
The Basics Of Mediation Day
Once all parties in a dispute have agreed to mediation and chosen mediators, a date is scheduled
to begin the process. Because mediation is an informal process, it is likely to occur at a
neutral site, which is often the mediator's office. A neutral location is helpful because no
party involved will have immediate access to documents or staff, which tends to help each party
feel more comfortable about the fairness of the proceeding.
There is no limit to the number of people who can attend a mediation proceeding. Each party is
allowed to bring a companion, or anyone they deem important, but the fewer people in attendance,
the smoother things will go. All parties present must agree to complete confidentiality about the
process. One person on each side of the dispute must have complete authority to represent and
settle the issue. This representative should be the person with the most thorough knowledge of
the fact of the case.
The proceeding usually begins with all parties in one large room. The mediator will make an
opening speech on the rules and procedures that should be followed throughout the day. At this
point, each party is given the opportunity to make an opening statement on their view and position
on the dispute at hand. Each will also make a statement on what they hope to achieve through the
mediation process.
After position statements are given, the parties are often moved into separate rooms, but this
depends on the state of things between the parties. If they are able to understand the other
party's perspective and needs, and the exchange of views is peaceful, it may be helpful to let the
parties continue engaging. But if the dialogue becomes tense or a standstill has been reached,
the parties with move to different rooms and begin negotiations privately.
The mediator chooses which party to talk to first, often choosing the party most likely to present
an opening offer. The mediator will go back and forth throughout the day negotiating terms, often
pointing out strengths and weaknesses in case, and helping the parties to decrease expectations
and cooperate. In nearly every case, the final settlement is somewhere in between the two initial
offers.
If the mediator is successful both parties give up some of their demands. But each walks out
thankful and relieved that the matter is concluded, and that they each had a hand in crafting a
fair resolution that is of benefit to each of them.
----------------------------------------------------
Herbert M. Rowland, Jr. of RF LLP Law Offices, specializes in Civil Litigation, Mediation and
Appellate Practice in Marin County and San Rafael, California. He has served as a mediator and
arbitrator in over 500 cases and is a member of the Association of Attorney Mediators. If you are
considering mediation to resolve any dispute, please call 415.453.9433 ext. 121 or visit
http://www.hmrmediation.com
Posted by J. Randall Frier http://jrandallfrier.com/
to begin the process. Because mediation is an informal process, it is likely to occur at a
neutral site, which is often the mediator's office. A neutral location is helpful because no
party involved will have immediate access to documents or staff, which tends to help each party
feel more comfortable about the fairness of the proceeding.
There is no limit to the number of people who can attend a mediation proceeding. Each party is
allowed to bring a companion, or anyone they deem important, but the fewer people in attendance,
the smoother things will go. All parties present must agree to complete confidentiality about the
process. One person on each side of the dispute must have complete authority to represent and
settle the issue. This representative should be the person with the most thorough knowledge of
the fact of the case.
The proceeding usually begins with all parties in one large room. The mediator will make an
opening speech on the rules and procedures that should be followed throughout the day. At this
point, each party is given the opportunity to make an opening statement on their view and position
on the dispute at hand. Each will also make a statement on what they hope to achieve through the
mediation process.
After position statements are given, the parties are often moved into separate rooms, but this
depends on the state of things between the parties. If they are able to understand the other
party's perspective and needs, and the exchange of views is peaceful, it may be helpful to let the
parties continue engaging. But if the dialogue becomes tense or a standstill has been reached,
the parties with move to different rooms and begin negotiations privately.
The mediator chooses which party to talk to first, often choosing the party most likely to present
an opening offer. The mediator will go back and forth throughout the day negotiating terms, often
pointing out strengths and weaknesses in case, and helping the parties to decrease expectations
and cooperate. In nearly every case, the final settlement is somewhere in between the two initial
offers.
If the mediator is successful both parties give up some of their demands. But each walks out
thankful and relieved that the matter is concluded, and that they each had a hand in crafting a
fair resolution that is of benefit to each of them.
----------------------------------------------------
Herbert M. Rowland, Jr. of RF LLP Law Offices, specializes in Civil Litigation, Mediation and
Appellate Practice in Marin County and San Rafael, California. He has served as a mediator and
arbitrator in over 500 cases and is a member of the Association of Attorney Mediators. If you are
considering mediation to resolve any dispute, please call 415.453.9433 ext. 121 or visit
http://www.hmrmediation.com
Posted by J. Randall Frier http://jrandallfrier.com/
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