“In suggesting that bankruptcy litigators should become well-versed in negotiation and mediation, Colin Wied has radically re-defined the role of a Chapter 11 bankruptcy attorney. He makes a strong case for considering negotiation in every Chapter 11 case, but even more importantly, he provides practical suggestions about negotiation tactics that have proven to be effective [...]

“Colin Wied has taken decades of experience in representing hundreds of debtors in Chapter 11 proceedings and distilled it to a practical “how to”, highly readable, book. This book is a great manual for the new attorney embarking upon the representation of debtors in Chapter 11, and a great refresher for the experienced Chapter 11 [...]

“For anyone interested in the practice of business bankruptcy, this book is a must-read. Colin Wied describes how business Bankruptcy cases can benefit from negotiation and mediation—and he offers concrete guidance on how to negotiate with the vast number of stakeholders involved in business bankruptcy cases. This book has the potential to revolutionize the practice [...]

“I am confident every lawyer will find Colin Wied’s Chapter 11 Guide useful in representing clients in business bankruptcy. The Guide, while comprehensive, is not overwhelming. Its style and format make it user friendly. I highly recommend it to any lawyer interested in getting involved in business bankruptcy matters.”
– Daniel H. Slate
Buchalter, Nemer, Los Angeles

“Colin Wied’s Chapter 11 Guide will be a valuable addition to your library, whether you regularly represent parties in Chapter 11 business bankruptcy cases or are entirely new to the field. It provides hands-on suggestions in a clear, concise format that make the information accessible for new practitioners. Even experienced Chapter 11 practitioners will find [...]

What is the best way to resolve disputes? We are lawyers, after all. We file lawsuits. Fair enough, but what then? The good old-fashioned way is to try the case, but that means risk; it is expensive in both dollars and lost time; and it is stressful. Moreover, after the judge or jury has spoken, [...]

Why negotiate?
Chapter 11 cases are invariably complex, multi-party cases. They all consist of a variety of mini – or not so mini – disputes. A few examples illustrate the point: cash collateral use disputes; lease and executory contract performance and assumption/rejection disputes; fraudulent transfer and preference recovery actions; automatic stay relief motions by all manner [...]

Business litigation is lawyers’ work – factual investigation and legal research, drafting pleadings, making and responding to motions, conducting and responding to discovery, and trying the case. Other than providing data, however, the role typically played by the company’s CEO in the litigation is marginal at best.
Mediation is a much different kettle of fish. While [...]

Why mediate a commercial dispute?
There are generally three dispute resolution alternatives where litigation is pending: first, try the case; second, go before a settlement judge; and third, go to mediation. Trial is stressful and the result is always uncertain. It is expensive, both in dollars and in time that could otherwise be invested more profitably. [...]

“The fundamental purpose of [Chapter 11 business bankruptcy] reorganization is to prevent a debtor from going into liquidation, with an attendant loss of jobs and possible misuse of economic resources.”