Featured Blog Posts

  • Bankruptcy

  • Mediation

  • Divorce

  • Negotiation

Bankruptcy & Finance ADR Blog

  • By Jack Esher, MWI Bankruptcy & Finance ADR Panel Member

    They say there is truth in numbers, and while insolvency practitioners experienced in reviewing balance sheets of distressed companies might agree that this is debatable, the results of deploying mediation in the Lehman Brothers liquidating Chapter 11 case in the Southern District of New York1 prove the value of mediation in insolvency cases.  The most recent status report filed in the proceedings on or about June 9, 2015 states that over $2.9 Billion had been collected in the 410 ADR matters resolved with 527 counterparties.  Of the 235 disputes that went through mediation and were concluded, 219 were settled and only 16 failed to reach settlement.2

  • By Eric Haber, MWI Bankruptcy & Finance ADR Panel Member and Romina Redondo, MWI Staff

    At the start of every mediation, I tell the parties that I have two simple rules.  The first is that the mediation is a confidential settlement conference. The second is that I will file a public, one-line report stating whether or not the case settles and I will not speak with the judge about the mediation. The goal of these statements is twofold: to help parties feel comfortable speaking freely and confidentially during the mediation process and to remind them that in bankruptcy mediation, confidentiality matters.

    Rules on confidentiality vary at the state and federal levels; only 12 states have adopted the Uniform Mediation Act (UMA) drafted by the National Conference of Commissioners on Uniform State Laws.

  • By Frank Conrad, MWI Bankruptcy & Finance ADR Panel Member and Rachael Diament, MWI Staff

    Bankruptcy Judge Robert D. Drain of the Southern District of New York ordered the unsecured creditors of the inoperative hedge fund manager Bayou Group LLC and Goldman Sachs Execution & Clearing LP into mediation regarding a sum of $20.7 million that has been in dispute for five years.

MWI Mediation Blog

  • By Peter Sonnenberg, MWI Mediator

    Increasingly, courts are referring civil litigants to mediation. These courts recognize the benefits of a dispute resolution process that provides parties with the opportunity to explore the resolution of their dispute in an informal, non-adversarial forum. They understand that parties who are encouraged to listen to each other are more likely to structure a settlement that truly meets their needs. They also appreciate that when disputes settle in mediation it relieves courts of the burden of administering and trying the case.

  • Over the weekend, I attended the 9th Annual Harvard Negotiation Law Review Symposium. This year's topic was on restorative justice. Restorative justice is a "victim-motivated" model that suggests bringing together victims, offenders, and community members in order to repair harm caused by crime.

  • One of the best parts about leading mediation trainings is hearing from past trainees about how the training program has helped them.  Recently we received the following unsolicited email:

Divorce Mediation Blog

  • In order to file for divorce in Massachusetts, under a 1A no fault divorce, petitioners need to complete a series of forms.  A complete list of forms can be found on MWI's Divorce Mediation Website

    The list includes:

    Joint Petition for Divorce - 1A R-408 Certificate of Absolute Divorce Affidavit of Irretrievable Breakdown Affidavit of Care and Custody Financial Statements Child Support Guidelines Worksheet

    The R-408 form has been updated as of late June 2015.

  • By Stephanie Bailey

    I was recently able to participate in MWI's Divorce Mediation Training Program and it was incredible.

  • by John L. DeLorey, Jr., Principal - collegeplanningservices.org

    Many divorced parents have questions about financial aid for college.  This article will answer some of those questions including:

    1. Which parent needs to fill out the financial aid forms?

    2. Are Prenuptial agreements recognized by college?

MWI Negotiation Blog

  • by Chuck Doran and Stephanie Bailey

    Negotiation has earned, or perhaps always had, a rather negative connotation. It is a process that we use daily, but for some reason, negotiation is often thought of as a competitive battle where all of the parties involved walk away frustrated, annoyed, and/or disappointed.

    Regardless of the fact that negotiations take place on all levels (small, large, intrapersonal, group, etc.), we seem to instictively build them up until they seem almost too big to handle. Negotiating can be intimidating and disliked enough under "normal" circumstances, but then comes the difficult reality: sometimes you are going to negotiate against a bully or on the perceived short end of a power imbalance. While the likelihood of making these negotiations completely painless is unlikely, we're hoping that the following ideas will both validate your feelings of frustration and help you better manage a manipulative...

  • By Chuck Doran and Stephanie Bailey

    Women struggling in the workplace is by no means a new topic.  With Sheryl Sandberg's best-selling book, Lean In, movements such as "Ban Bossy," and social media campaigns advocating "He For She," there have been initiatives from men and women in recent years to address women-in-the-workplace issues. In 2010, women made up roughly 47 percent of the workforce, but today, some women still struggle with negotiation, an important part of everyday work life that spans all industries.

    Much of the research surrounding women and negotiation is specific to negotiating salaries, which may explain, in part, the wage earnings gap between men and women. Linda Babcock and Sara Laschever, co-authors of the book Women Don't Ask: Negotiation and the Gender Divide, found that 20 percent of adult women will never negotiate regardless of the setting, and men will initiate negotiations about four times more frequently than women.  A 2014 Business Insider article compiled a list...

  • By Chuck Doran and Katie Hyten, MWI Mediators

    If asked which part of a company handles negotiations, most people would automatically turn to the HR division. For many, negotiation in the workplace occurs in two major areas: contract or salary negotiations and workplace disputes. And neither of those are particularly positive experiences.  But in 2011, the Purchasing Management Association of Canada (PMAC) recognized “tectonic shifts in business management and procurement” with enormous ramifications for the use of negotiation tools in broader areas of the workplace.

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