Battle Bankruptcy With a Massachusetts Mediation Attorney
The role of mediation for bankruptcy cases has significantly grown in recent years in Massachusetts. A variety of bankruptcy-related disputes can be successfully resolved with the assistance of a bankruptcy mediation attorney in Massachusetts. These may include disputes such as valuation disagreements, avoidance actions, disputes over liens, claim issues, and confirmation issues.
In some cases, bankruptcy courts may require mediation for such disputes. However, in general the courts do not mandate but encourage mediation for bankruptcy as a way to resolve specific disputes. Once the basic preparations (such as any necessary discovery) are completed, a bankruptcy dispute may be ripe for mediation.
When the disputing parties are able to see the costs and delays associated with extended litigation, they may be more willing to seek resolution of contentious issues through mediation. An experienced bankruptcy mediation attorney in Massachusetts will encourage the parties to prepare well and think through the complex aspects of the mediation in order to position themselves for success throughout this process.
Thorough Preparation with the Help of Your Attorney
The right preparation during a bankruptcy mediation can mean the difference between a successful or unsuccessful resolution. Your bankruptcy attorney in Massachusetts will help you understand the case, your goals, and your scope for compromise before you walk into the mediation.
The attorney will help you present your case before the mediator in a concise yet thorough manner.
This could be supported by your mediation statement submitted prior to the process as well as other documents and presentation materials. The attorney will help you form realistic expectations about the time it may take to arrive at a resolution. This will avoid a sense of discouragement if the solution is not in sight in the early phase of mediation.
Assessing Your Weaknesses and Strengths
Before you enter the process of mediation for bankruptcy, it is vital to evaluate what emotions, biases, and expectations might exist and how to deal with them objectively. Your bankruptcy mediation attorney in Massachusetts can help you develop the right perspective so that you can focus on problem-solving rather than remaining adversarial.
Once the mediation process starts, you will add more to your understanding of the issues when the mediator asks questions that make you see your weaknesses and strengths. Through an open mediation session, it is possible for both parties (and not just their lawyers) to pay an attentive ear to the issues that they both wish to communicate with each other.
Getting Ready for Resolution
A good bankruptcy attorney in Massachusetts will advise you well ahead of the mediation process that it is your only chance before a trial to present your side of the story to the other side. Therefore, meticulous preparation is critical to make the best use of this opportunity.
In complex bankruptcy cases, mediation is usually the only place where you as well as the other party will have an opportunity to vent your feelings, tell your story, and attempt to arrive at a mutually satisfactory outcome, rather than an adversarial outcome.
Battling Bankruptcy? Let Shapiro Mediation Services Help
Shapiro Mediation Services maintains the highest legal standards as a matter of substantial pride. The satisfaction of exceeding our clients’ expectations is of the utmost importance. Call (339) 298-7733 today to schedule a free consultation with one of our mediators at our Massachusetts or South Florida office, or contact us online.