Abstract
Mediation has become an increasingly popular and powerful tool in chapter 11 reorganizations, especially in large cases. Despite its widespread and growing use, mediation in chapter 11 is under-studied. This Article begins to fill this gap in the literature by critically assessing mediation, a form of largely private dealmaking, in the context of a bankruptcy process that is supposed to be largely public. The Article begins by discussing mediation’s popularity within the bankruptcy process before turning to a review of issues that have arisen in recent cases, providing a critical assessment of mediation’s promise and perils. In particular, the Article examines the role mediation can play in providing—or, in some cases, denying—different groups equitable access to bankruptcy dealmaking. The Article then offers suggestions for ways that courts can provide more guidance as to the use of mediation practice and the choice of mediators and concludes with some thoughts on how this private dealmaking process must evolve to better coexist with the public nature of a bankruptcy proceeding.
Recommended Citation
Laura N. Coordes,
Chapter 11 Mediation,
41
Emory Bankr. Dev. J.
153
(2025).
Available at:
https://scholarlycommons.law.emory.edu/ebdj/vol41/iss2/1