When the Glass is Half-Filled with Emptiness – Part II
What to do when insolvency and/or the threat of bankruptcy become issues at mediation
In Part 1 of this two-part article, we talked about the financial distress that is evident in just about every aspect of our daily lives and how insolvency and the threat of a bankruptcy filing or the actuality of a bankruptcy filing by one or more parties to a civil dispute have become frequent occurrences.
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We also looked at what an insolvent condition by one or more parties to a dispute might mean in terms of defining (or redefining) the problem and possible solutions so as to help the parties achieve the most that is available under the circumstances and, at the same time, minimize loss and control unnecessary expenditures of resources (namely time and money).
The purpose of this article is to focus on the types of issues that might come up during the negotiation phase of a mediation when one party threatens to file bankruptcy – i.e., what is the bankruptcy backdrop for evaluating settlement and developing settlement options?…
When the Glass is Half-Filled with Emptiness
[Part II]