CBInsolvency LLC

Thought Leadership

CBI Was Asked To Write About How Mediation Is Being Used In Cross-Border Cases

Our article, “The Emergence of Mediation in Cross-Border Cases”, was jointly written byHon. Leif Clark (ret.)Jack Esher and Daniel Glosband, and published in the INSOL Journal (Second Quarter 2018).

We have previously provided articles dealing more generally with mediation in insolvency cases.  See, e.g., Jack Esher’s recent survey for GRR, Insolvency Mediation Around the Globe (view Jack’s GRR article by clicking on this link); and his prior article for International Corporate Rescue (ICR), Recent Use of Mediation for Resolution and Effective Management of Large Case Insolvencies, International Corporate Rescue, Volume 12, Issue 6 at 349 (Chase Cambria Company (Publishing) Ltd, 12/2015) (downloads available by request to Jack: esher@cbinsolvency.com

Our article in the current INSOL Quarterly Journal digs a little deeper to discuss using mediation in specific cases, and we discuss two reported cross-border cases, one in which mediation was not used and one in which it was.  Using these real-case examples, we explain strategy concerns and most effective practices for using mediation in cases.  We hope you find it informative and useful.
And now, for something completely different, here is one of Jack’s articles on Insolvency Mediation that was published in Russia.  Many thanks to Prof. Tsisana Shamlikashvili, President of the Center for Mediation in Law and the National Organization of Mediators in Moscow, for this translation!

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In a cross-border insolvency matter, if an expert opinion is required, if skilled mediation or arbitration can help resolve disputes, or if cross-border insolvency is simply unfamiliar territory, CBI can help

We will be pleased to discuss your cross-border insolvency issues and agree on a case-specific arrangement to assist you.  Please reach out to any of us for a quick and easy assessment of how we can help you. We welcome your thoughts, comments and questions. 

clark@cbinsolvency.com
esher@cbinsolvency.com
glosband@cbinsolvency.com

Hon. Leif Clark (ret.) was a U.S. Bankruptcy Judge for over 25 years. He has an international reputation for influencing the development of insolvency law both domestically and internationally. He has broad experience in international legislative development, the training of lawyers and judges, scholarship and as a sought-after mediator of complex disputes involving finance and insolvency.
Jack Esher has over 25 years of experience as a mediator, arbitrator and neutral adviser, including mediation of cross-border disputes in the country’s biggest cases. A pioneer in developing mediation as an innovative and effective dispute resolution process in insolvency matters, he has conducted mediation and negotiation trainings nationally and internationally for professionals, business leaders and judges.
Dan Glosband has 45 years of sophisticated insolvency practice, focusing on cross-border cases. He was part of the small drafting group for the UNCITRAL Model Law on Cross-Border Insolvency, one of the primary draftsmen of Chapter 15 of the Bankruptcy Code and has been an expert witness on U.S. insolvency law in major foreign proceedings.
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By Jack Esher