Alternative Dispute Resolution

Hosted by the Ethics & Professional Compensation and Mediation Committees The panel will provide an overview of certain bankruptcy laws and rules relevant to mediation, using vignettes or hypotheticals to set the scenes for in-depth discussions of the relevant rules of professional responsibility and ethical concerns.

The panelists will discuss in-court and out-of-court options for distressed businesses, as well as alternatives both pre- and post-COVID-19, drawing upon their experiences and what they see in the market going forward. Sponsored by Ballard Spahr LLP

When developing a strategy for an entity in distress, good insolvency lawyers weigh all their options, both in and out of bankruptcy. This presentation will consist of two mock client consultations (one debtor-focused and one creditor-focused) discussing the pros and cons of various alternatives to bankruptcy. The presentation will culminate in a mock status conference before a federal district court in an action where the plaintiff is seeking the appointment of a federal receiver in a loan-enforcement action. This session also will provide an in-depth examination of assignments for the benefit of creditors, as well as state and federal receiverships.

This past year has seen a remarkable number of wide splits and controversial opinions. This panel of experts, moderated by ABI Editor-at-Large Bill Rochelle, will discuss and analyze current notable business and consumer bankruptcy cases.

In this virtual variation on the in-person format, a nationwide group of distinguished judges will discuss current bankruptcy and practical skills issues in an innovative Zoom-style presentation. The judges will rotate to a new online “room,” allowing participants to maximize their time and gain valuable insights into best practices.

Panel presented by the International Committee of the American College of Bankruptcy The panel will consider whether, if so, to what extent arbitration agreements could be used to resolve problems arising in the course of cross border insolvency proceedings. Hon Paul Heath QC and Dr. Stephan Madaus will discuss questions of arbitrability, use, and enforcement of awards in such cases; particularly under the New York Convention. Prof Troy McKenzie and Corrine Ball will focus more specifically on the use of arbitration in Chapter 15 proceedings.

Presented by the Mediation and International Committees Through a mock mediation, this panel of experienced judges and cross-border mediators and practitioners will illustrate the pitfalls and benefits of using mediation to resolve cross-border insolvency disputes.

Join the SRS Acquiom team and their panel of experts as they dive into recent transactions involving collateral disputes between lenders and borrowers. The discussion will highlight real-life examples, look back on why the disputes are happening, review the options for lenders, and examine how to prevent disputes from happening in the future.

Consumer cases require quick, effective and efficient answers to complex legal issues. Bankruptcy cases are expected to surge as a result of the economic consequences wrought by COVID-19, creating a logjam in the bankruptcy courts that is expected to continue. Mediation is the relief valve, providing opportunities for consumer practitioners to minimize delay and resolve intractable problems. The panelists will discuss the phases of mediation, applicable rules and statutes, cases most suitable for mediation, how to select a mediator, confidentiality and privilege issues, how to prepare both your client and your case, remote mediation, and best practices for achieving a favorable result.

Although mediation is a recommended method of dispute resolution by many government agencies, in the bankruptcy context it is often hard to get government litigants to the table. This panel will explore the Issues and methods of mediating disputes in commercial cases that involve governments and such government agencies as the SEC, EPA, and FCC, as well as state attorneys general and relevant state agencies. Issues to be discussed include how to get the decision maker into the room and how to get a governmental party to the table when its policy agenda may go beyond the business issues in the case at hand. In some instances, there may be perceived statutory impediments or “conflicts” between the government agency as regulator and as creditor. The focus will be on restructuring-determinative issues involving government agencies and adversary proceedings between debtors or other creditor constituencies and government agencies. The program will not include discussions of chapter 9 mediations, which involve very different issues. The panel will include judges, mediators and public and private litigants with experience in this type of mediation.