Alternative Dispute Resolution

Bankruptcy judges will discuss the most talked-about current events and controversial opinions in the insolvency world with ABI Editor-at-Large Bill Rochelle.

This panel will discuss mediation in mass-tort/multiparty cases such as Puerto Rico, Purdue, Boy Scouts andthe various religious institutions that have filed for bankruptcy. The panelists will highlight mediating tortclaims that have emotional and non-monetary components, such as sexual abuse; issues regardingnondebtor-related entity property and contributions; and liquidation concerns in a religious institutionbankruptcy.

This panel will cover assessing and negotiating a fee structure, how to prepare for the mediation, guiding participants toward making mediation statements useful, and tips for breaking the impasse.

This panel will discuss mediation as a pathway to case-resolution; mediation advantages and pitfalls; mediation privilege and disclosure; who should be invited to a mediation; and whether a sitting judge, former judge or trained mediator is the best person to lead a mediation. They will also share lessons learned from previous mediations in large cases.

Based on his distinguished 45-year career dealing with stress and human health, Dr. Bruce Rabin will present a timely program identifying the mental and physical effects of stress, and will introduce skills that can be used to minimize those effects. He will explore the concepts of isolation, changes in behavior and health due to the pandemic, and how negotiation strategies for in-person or remote mediations, client relations and decision-making are affected by stress.

Bankruptcy Judges Elizabeth Brown and Michael Romero will discuss the year’s widest splits and most controversial opinions with ABI Editor-at-Large Bill Rochelle.

Most lawyers are schooled on how to litigate and fully understand how to prepare for the courtroom battleground. Mediation, however, is a flexible and relatively informal dispute-resolution process that has become almost a mandatory first step in many common bankruptcy disputes, like preference actions — and it can achieve significant cost-value results for clients. Yet many lawyers make the mistake of either treating mediation as a side show that requires little or no preparation, or using the same preparation methods they use for trial. This session will explore the keys to conducting a successful mediation, from deciding when mediation is appropriate through properly documenting the mediated resolution, with an emphasis on how to prepare both yourself and your client for mediation to maximize its value, regardless of whether an actual settlement is reached. The panelists will include attorneys and judges who often serve as mediators, giving attendees a unique view on the different skills, presentation methodologies and mindsets needed to prepare for mediation vs. litigation.

Join ABI Editor-at-Large Bill Rochelle as he hosts a panel of bankruptcy judges to discuss circuit splits on important bankruptcy issues. Back again from the Annual Spring Meeting, this attendee-favorite panel will be presented in a fun game show format, where judges will vote to resolve the issues before they reach the U.S. Supreme Court.

A panel of judges and ABI 40under40 honorees will be debating key bankruptcy issues including arbitration disputes, cramdown provisions and more! Listen in, weigh in and learn a lot! First Debate Cramdowns “East vs. West” Resolution 1: An arbitrator should decide whether disputes in bankruptcy cases and proceedings are subject to arbitration. Pro: Andrew Helman Con: Lindsi Weber Resolution 2: All disputes in bankruptcy cases and proceedings can be subjected to binding arbitration. Pro: Hon. Michael Fagone Con: Hon. Daniel Collins Second Debate Cramdowns “North vs. South” Resolution: Section 1129(a)(10) dictates that a joint chapter 11 plan may be confirmed if a single impaired class with claims against any debtor accepts the joint plan. Pro: Hon. Mary Grace Diehl & Jonathan Edwards Con: Hon. Michael Wiles & Erica Weisgerber