Mediating with a Higher Power: Mediation of Disputes with Governments and Governmental Agencies: Part II
Hosted by the Mediation and the Commercial and Regulatory Law Committees
Although mediation is a recommended method of dispute resolution by many government agencies, in the bankruptcy context it is often hard to get government litigants to the table. This panel explores the Issues and methods of mediating disputes in commercial cases that involve governments and such government agencies as the SEC, EPA, and FCC, as well as state attorneys general and relevant state agencies. Issues discussed include how to get the decision maker into the room and how to get a governmental party to the table when its policy agenda may go beyond the business issues in the case at hand. In some instances, there may be perceived statutory impediments or “conflicts” between the government agency as regulator and as creditor. The focus is on restructuring-determinative issues involving government agencies and adversary proceedings between debtors or other creditor constituencies and government agencies. The program does not include discussions of chapter 9 mediations, which involve very different issues, although it includes judges, mediators and public and private litigants with experience in this type of mediation.