“Mediator” and “proactive” are, usually, oxymoronic terms. A mediator’s role is usually passive: to help parties deal with disputes they bring to the mediator.
Detroit bankruptcy mediation rejects mediator passivity.
One of the early—and monumental—judicial actions in the Detroit bankruptcy is this: the referral of a sweeping array of issues to mediation, along with a grant of initiating authority to the mediator team. Continue reading “Detroit Bankruptcy’s “Proactive Mediators”: A New Mediation Model (Updated 4/1/16 with Responses)”