Alternative Dispute Resolution

Hosted by the Business Reorganization and Mediation Committees

This judges' panel will include a discussion of various aspects of mediation, the judges' views on developing and encouraging younger lawyers, and a discussion of the important role served by Delaware lawyers when acting as local counsel.

This session will highlight particularly interesting case law developments to date in 2017 and their impact on bankruptcy law and practice.

This interactive nuts-and-bolts panel will discuss three phases of settlements in the context of a bankruptcy case: (1) negotiating a settlement, including evaluating the benefits of settlement versus litigation risk and expense, negotiating tactics and strategies, and the role of the mediator; (2) drafting term sheets and settlement agreements, an overview of the law on the enforceability of term sheets and settlement agreements (both pre- and post-court approval), and the components of the settlement agreement; and (3) consummating the settlement, with an emphasis on Federal Rule of Bankruptcy Procedure 9019 standards, the necessary components of a motion to approve compromise, presentation to the bankruptcy court, the bankruptcy court’s role in evaluating the settlement and the court’s order approving the settlement, the nonbankruptcy aspects of a settlement, and post-settlement actions.

Featuring the Judges of the 22nd Annual Rocky Mountain Bankruptcy Conference

War and Peace: Recent Trends and Developments in Bankruptcy Litigation and Mediation

Discussion of issues suited for cross border mediation, different mediating styles and local practices, judges as mediators, ethics and conflicts of interest, the ABI Model local Rule and much more.

Ethical Issues in Professional Fee Disputes: Mediation vs. Litigation

Experienced mediators will discuss this popular alternative dispute resolution device, including how best to prepare for mediation, the benefits of mediation, whether it is suitable for all disputes in bankruptcy, different styles employed by mediators, and perhaps a few war stories.

In today’s post-BAPCPA environment, why file for bankruptcy at all? Consideration of alternatives, including out-of-court restructurings, state law restructuring statutes, ABCs, foreclosures; receiverships; discussion of common problems, including solicitations and hold-outs.