When the Glass is Half-Filled with Emptiness – Part I

Virtually every sector has been hit: our national economy, our state economies, Wall Street, financial giants, small businesses, banks, the public sector, the private sector, blue collar workers, and white collar workers.

Even if we have not experienced a financial setback personally, we probably know someone who has and most certainly the communities in which we live have been affected at many levels. As a result, some level of financial distress is evident in just about every aspect of our daily lives.

It is not surprising to find that in many civil litigation disputes insolvency, the threat of a bankruptcy filing or a bankruptcy filing by one or more parties to the dispute are being encountered.

This is the first of a two-part article, the purpose of which is to discuss how insolvency issues might be addressed during the mediation of such disputes. The focus of this article is on 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)…