Over the last several years, there has been much academic debate on the subject of “vanishing trials”—whether the settlement rate in bankruptcy and other courts is accelerating, and whether that is a healthy trend for our justice system. A more interesting question is why disputes in chapter 11 cases are not resolved sooner. Why does it take so much time and so much money for parties to settle their differences and arrive at a consensual chapter 11 plan?
Cite as 42 Golden Gate U. L. Rev. 661 (2012).
The Hon. Randall J. Newsome,
Mediating Disputes Arising Out of Troubled Companies - Do It Sooner Rather than Later, 42 Golden Gate U. L. Rev.