Alternative Dispute Resolution

Do you know your ABCs? Who’s that receiver? What do you do if there is THC involved? When bankruptcy isn’t the answer (or even when it is), this panel will discuss some alternatives to employ in unique situations.

This panel discusses the role of the subchapter V trustee, the parallels with mediation, and the meaning of "facilitating the development of a consensual plan."

A good insolvency professional knows that bankruptcy is not necessarily a good fit for every distressed situation. This panel will discuss why bankruptcy is not always the best option, and why alternatives such as assignments for the benefit of creditors, receiverships and Article 9 sales might be better fits.

This panel will discuss the ins and outs of mediating consumer bankruptcy issues, including the types of issues typically mediated, selecting a mediator, and special considerations involved.

Focusing on mediation in noteworthy cases, the panelists will discuss their thought processes when deciding whether to mediate, and how they go about selecting a neutral in cases both large and small. The panelists will explain how they select mediators, how they work with them, and the useful qualities they look for in mediators.

Do you ever wonder what a particular Supreme Court decision means for you and your practice? This panel will discuss the Supreme Court’s general approach to deciding cases, including bankruptcy cases, and what those decisions mean for the bankruptcy and larger legal community. The panelists will use decisions from last term (as well as those to be argued this term) to help attendees better understand the decisions, how they might influence lower court decisions, and what it all means for those subjected to their decisions.

This panel reviews recent cases and assesses whether arbitration is enforceable in bankruptcy, and to what extent.

Panelists from around the Central States region will discuss the current status of receiverships in their states, with a specific focus on cannabis cases.

The panelists and the audience will discuss the fundamentals of mediation and risk assessment, focusing on key skills that can increase the effectiveness of their mediations. This session will cover best practices for mediators to maximize their chances for successful mediations, common pitfalls in assessing your client’s risk and how to overcome them, and the importance of confidentiality in mediation.

This panel will explore the various roles of neutrals in bankruptcy, including applicable provisions of the Bankruptcy Code and Rules, as well as the limitations on the use of neutrals in bankruptcy. Examples of neutral roles in bankruptcy include mediators, fee examiners, subchapter V trustees, and mass tort personal-injury plan administrators. Limitations on the use of neutrals in bankruptcy can be found in Bankruptcy Rule 9031, and there is growing support to modify the rule to eliminate this limitation.