Mediator – Jeremy Richards
As a seasoned bankruptcy litigator turned mediator, Jeremy Richards focuses on the intersection of legal merits and economic reality: understanding both the strengths and weaknesses of claims and the feasible path to recovery is essential to achieving efficient and effective resolution.
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AREAS OF EXPERTISE
In every dispute Jeremy mediates, questions of recovery, collectability, and economic reality are as important as the legal merits. That focus, applied with analytical precision, drives every mediation.
Areas of Focus
THE APPROACH
In complex business disputes involving actual or potential financial distress, parties often disagree about more than just the facts and the law. They disagree about what is genuinely collectible. Those disagreements take many forms: disputes over available assets, the claims of other creditors, the cost and complexity of enforcement, the value of assets and businesses, and the disparity in recovery rates between enforcement and recovery over time from a going concern.
Drawing on 44 years of experience and thousands of complex matters where these issues were material considerations, Jeremy brings analytical rigor to both sides of the equation. He helps claimants assess the true economics of their position and helps respondents present theirs with evidence, not assertions.
Both sides benefit from the same thing: clear-eyed analysis of what litigation will cost, what collection genuinely entails, and what each party’s realistic economic alternatives look like. Jeremy facilitates that analysis without tilting the scales, keeping in mind that enforcement and liquidation may not always produce the best result for either side.
Mediator · Richards ADR
THE FRAMEWORK
At the core of many financial distress disputes is a fundamental question: is the value of what exists today (a functioning enterprise, an ongoing relationship, an intact asset base) greater than what any party would recover through enforcement and liquidation? When the answer is yes, resolution is not about compromise. It is about preserving and enhancing value that aggressive litigation would otherwise destroy.
Jeremy’s framework distills every complex financial mediation to the questions that actually drive resolution:
THE FRAMEWORK
At the core of many financial distress disputes is a fundamental question: is the value of what exists today (a functioning enterprise, an ongoing relationship, an intact asset base) greater than what any party would recover through enforcement and liquidation? When the answer is yes, resolution is not about compromise. It is about preserving and enhancing value that aggressive litigation would otherwise destroy.
Evaluating the foundational strength of each claim to understand leverage and risk before costs escalate.
Separating emotion and posturing from the verifiable data that will ultimately dictate the outcome in court or mediation.
Applying analytical precision to determine what is actually recoverable—identifying available assets and navigating the claims of other creditors.
Assessing whether a hard-fought legal victory will actually translate into tangible, real-world economic recovery.
A successful mediation doesn’t just end a dispute; it creates a durable agreement. We ground every negotiation in economic reality to ensure the agreed-upon path forward is genuinely workable and preserves maximum value for all parties.
Separating facts from negotiation tactics. We test every claim about financial constraints and recovery obstacles against actual evidence, forcing all parties to face the true picture.
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When financial uncertainty meets disputed resources, you need a mediator who brings the same analytical rigor to every party’s position, helping all sides navigate toward the resolution that best preserves and maximizes value.
