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Expert Analysis

Mediation Standards Lack Uniformity In Federal Bankruptcy

By Melanie Cyganowski (December 12, 2019, 5:29 PM EST) -- No single definition of good faith governs court-annexed mediation in the federal courts, and no one standard governs mediation sanctions. On that score, the Federal Rules of Civil Procedure and the Federal Rules of Bankruptcy Procedure are silent on this point. Rather, mediation-related sanctions are a mix of precedent, local rules, mediation orders and sometimes Civil Rule 16....

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