Alternative Dispute Resolution

NO CLE - 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.

Free Session

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NO CLE - 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.

Free Session

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NO CLE - ABI-Live: So You Settled — Now What?: Drafting Enforceable Settlement Agreements after Mediation

The mediation may be done but the work has just begun. Drafting the settlement agreement in a form that is enforceable and captures the intent of all parties can be a formidable task. Who drafts it? What must be included, at a minimum? Is it a final agreement or just an outline to be later committed to an agreement?
Pitfalls are everywhere - let our expert panel of speakers guide you through the process!

Free Session

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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.

Free Session

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No CLE - ABI-Live: What Happens in Mediation, Stays in Mediation... or Does It?

Join panelists as they explore the issues of confidentiality and privilege in bankruptcy mediations. The panel will discuss the current landscape for what may be the most critical component to the success of a mediation; and delve into what parties and courts are, and/or should be, doing to protect and preserve parties' reasonable expectations regarding the confidentiality of all that is said and exchanged during the course of a bankruptcy mediation. It promises to be an interesting discussion for anyone representing a party, or otherwise participating, in a bankruptcy mediation.

Free Session

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

Hosted by the Mediation and Health Care Committees

Free Session

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No CLE - ABI-Live: Bankruptcy v. Offer in Compromise: Alternatives to Resolving Tax Debts

Tax debts are often viewed as unsurmountable obstacles to a financial future. Both businesses and individuals have options. One popular program is the “Offer in Compromise”, which allows taxpayers to wipe out their tax debts for less than is owed. Bankruptcy is also a powerful solution for certain types of tax liabilities. This webinar will explore which resolution option will be the most effective restructuring tool.

Free Session

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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

Free Session

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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.

Free Session

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NO CLE: Case Law and Rules Update

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

Free Session

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