Alternative Dispute Resolution

NO CLE - Committee Educational Session: Alfred Peacock v. The Squab Family: Can Mediation Save the Golden Goose?

Commercial Fraud/Mediation Committees: This mock mediation of commercial fraud litigation will utilize the talents of several of the leading mediation experts in the country. This program will demonstrate best practices in representing parties in mediation, as well as highlight key practice pointers for all involved in an effective mediation process.

Free Session

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NO CLE - Residential Mortgage Mediations in Bankruptcy: What Works, and How to Mediate Successfully

This panel will look at several bankruptcy mortgage mediation programs around the country, and will discuss what parties need to do in order to make mortgage mediations successful in consumer bankruptcy cases.

Free Session

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NO CLE - Rise of Mediation in Major Bankruptcy Cases

Use of judges as mediators; when is the right time to mediate?; when will discovery or a ruling on a key issue facilitate mediation?; who should attend?; what information should be exchanged and what should be confidential to the mediator?; possible case study of ResCap mediation or other example

Free Session

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NO CLE - Committee Educational Sessions - Mediation Committee

Inaugural organizational meeting for this new ABI committee focusing on mediation and other ADR methods applied in the bankruptcy process, including conflict-resolution skills development, overcoming impasses, multiparty mediations, confidentiality and more. The committee will consider Model Rules for courts on the use of mediation, mediator qualifications and compensation.

Free Session

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NO CLE - Transcendental Mediation: Paving the Way for Inner Peace, Reduced Anxiety and Settlement

Overview of the legal landscape for mediation; selecting the mediator (identifying the essential traits and differing styles of a mediator that are suitable for a particular controversy); potential attorney conflicts in mediation; preparing yourself and your client for the mediation; effective use of pre-mediation statements; good, bad and ugly strategies for opening statements; preparing for potential roadblocks in a mediation; effective bargaining strategies; utilizing the mediator to your best advantage; and documenting the settlement agreement.

Free Session

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NO CLE - The Art and Styles of Bankruptcy Negotiations

“Getting to Yes” in the language of the Fisher and Ury book, has become part of the common lexicon. This program will focus on negotiation techniques in the context of a bankruptcy. After an analysis of negotiation techniques applicable to the world of insolvency, experienced practitioners will relay war stories and examples of tactics that have worked, and those that have not.

Free Session

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NO CLE - Mediation: An Irrational Approach to a Rational Result

This panel will focus on the irrational biases for decision-making in bankruptcy. The essence of bankruptcy is deciding how to divide the debtor's metaphorical shrinking economic pie among qualified creditors. At its optimum, bankruptcy decision-making is efficient and rational. However, at other times even the most skilled bankruptcy practitioners are stymied by the inability of bankruptcy participants to make seemingly rational business decisions. Why can't everyone be rational? Decision-making is not a rational process.

Free Session

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NO CLE - Mediating Consumer Case Issues (Mortgage Modification, Turnover, Dischargeability)

Free Session

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NO CLE - The World has Changed You’d Better Know the Alternatives to Bankruptcy

Business: The World has Changed You’d Better Know the Alternatives to Bankruptcy

Free Session

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NO CLE - Let’s Work This Out: ADR and Mediation in Business Bankruptcy Matters

Discussion of alternative dispute resolution and mediation procedures and strategies; enforceability of mandatory arbitration clauses in bankruptcy.

Free Session

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