Alternative Dispute Resolution

NO CLE - ABI Live Webinar: Getting the Best Deal for Your Client: Section 363 Sales vs. Out of Court Sales

Hosted by the Asset Sales Committee

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Breaking the Log Jam: The Trend Toward Pre-Plan Mediation of Case-Dispositive Disputes in Chapter 11

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.

$25.00
$25.00

Sharpening the Tools in Your Mediation Toolkit

Hosted by the Mediation and the Unsecured Trade Creditors Committees

Formatted largely as a mock mediation session, this interactive panel will demonstrate best practices to prepare for, participate in, and successfully conclude a mediation session. Topics will include pre-mediation written submissions, preparing clients (and oneself) for a mediation session, managing the mediator and the client once the session begins, strategies for guiding a mediation session to a successful resolution, and tips for breaking an impasse.

$25.00
$25.00

ADR in Bankruptcy

Contracting Out of Bankruptcy: Domestic and International Considerations

This panel will explore the effectiveness (and, sometimes, lack thereof) of creditor strategies to restrict by contract a borrower’s ability to obtain bankruptcy relief, whether by limiting the ability of a corporate borrower to seek bankruptcy relief without certain stakeholder approvals, limiting the type of available bankruptcy relief, choosing which country’s bankruptcy laws will apply to an insolvency proceeding involving the borrower, bankruptcy-remote structuring techniques, and other means. For example, the U.S.

$25.00
$25.00

US Track: ADR in Cross-Border Insolvency Cases

This panel will discuss the role that alternative dispute resolution (ADR) can and does play in bankruptcy, starting with the tension between bankruptcy and ADR, as all ADR processes conflict with bankruptcy’s goal of centralizing estate administration into a single proceeding. In the U.S., this tension is most prevalent when a creditor seeks to enforce a pre-petition arbitration agreement. The panel will next examine the role that mediation plays in U.S. bankruptcy cases by examining the types of issues and disputes that are amenable to resolution via mediation.

$25.00
$25.00

NO CLE - Mediation

Interested in mediation? Attend this session to experience a mock mediation and discuss mediation’s benefits and pitfalls. The panel will also examine plan mediation vs. targeted specific issues, as well as material nonpublic information concerns.

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NO CLE - Is Mediation the Antidote for Health Care Disputes?

Hosted by the Mediation and Health Care Committees

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NO CLE - Committee: Mediation At Center Stage: When To Mediate, Mediator Selection And Recent Developments Affecting Chapter 11 Mediation

Hosted by the Business Reorganization and Mediation Committees

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NO CLE - Potpourri: Mediation, Opportunities for Young Lawyers, and the Role of Delaware Counsel

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.

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