Alternative Dispute Resolution

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.

This panel will focus on various forms of alternative dispute resolution, including a discussion of mediation, the benefits of mediation, when mediation is appropriate, determining the best type of mediator for your case and selecting a mediator, and tips for practitioners on the best ways to provide effective mediation presentations and briefings. The panel will also cover the benefits and detriments of arbitration, arbitration strategies, and the enforceability of arbitration provisions in bankruptcy.

It is estimated that U.S. student debt obligations now exceed $1.5 trillion. This panel will discuss the impact of student loans before and after the borrower files bankruptcy. What can an attorney do to assist his/her client in determining his/her options with student loan obligations? How can a student loan be modified, and what can be done outside the courtroom for the borrower? Further discussion will concentrate on when a student loan can be dischargeable, the difficulty in establishing a hardship discharge, how the lender defends against a debtor seeking a hardship discharge at trial, and how student loans are treated in chapter 13 proceedings throughout the First Circuit.

In this program, three expert mediators, two retired judges and one federal judicial mediator will provide insights on what to expect in a mediation of a dispute in a contested matter or adversary proceeding in a bankruptcy case. They will focus on the types of bankruptcy disputes that are well-suited for mediation; procedures for implementing a mediation referral, including the referral order and mediation agreement; confidentiality issues; the conduct of the mediation session; different mediation techniques; strategies for parties and counsel to conduct effective negotiations in mediations; and bad-faith participation in mediation and remedies for such conduct. The panelists also will provide their insights on traps and problems to avoid before, during and after mediation, and best practices for counsel and parties in mediations.

In this program, three expert mediators, two retired judges and one federal judicial mediator will provide insights on what to expect in a mediation of a dispute in a contested matter or adversary proceeding in a bankruptcy case. They will focus on the types of bankruptcy disputes that are well-suited for mediation; procedures for implementing a mediation referral, including the referral order and mediation agreement; confidentiality issues; the conduct of the mediation session; different mediation techniques; strategies for parties and counsel to conduct effective negotiations in mediations; and bad-faith participation in mediation and remedies for such conduct. The panelists also will provide their insights on traps and problems to avoid before, during and after mediation, and best practices for counsel and parties in mediations.

Hosted by the Asset Sales Committee This webinar will discuss the benefits and disadvantages of conducting a sale of assets pursuant to section 363 of the Bankruptcy Court compared to an out of court sale. The webinar will provide a general introduction to these issues as well as provide experienced practitioners with a nuanced high level discussion regarding applicable case law, hot button issues, pitfalls to avoid and war stories from the trenches. Speakers: Dawn M. Cica Mushkin Cica Coppedge; Bruce I. Goldstein Amherst Partners; Matthew J. LoCascio Equity Partners HG View Materials

Mediating disputes is not new to bankruptcy litigation, but recent years have seen a trend toward pre-plan mediation of key issues in chapter 11 cases that pave the way for asset sales, plan confirmation and an efficient emergence from bankruptcy. Some examples of this include “bet the farm” litigation necessary to fund plan distributions, lien challenges/avoidance claims, claim objections, plan treatment, sale objections, third-party releases and insider claims, and structured dismissals. This panel discusses the role of UCCs, confidentiality of mediation discussions (especially important on case-dispositive issues if the matter is not resolved), impact of the changing composition of senior lenders from institutions to private-equity and hedge funds, and judicial acceptance and/or encouragement of mediation of key disputes, including the authority to order mediation.