Alternative Dispute Resolution

Refusal to Arbitrate the Validity of a Security Interest Is Tersely Affirmed in California

Are the lower courts out of step with the Supreme Court when it comes to enforcement of arbitration of disputes in bankruptcy court?

Peace Bridge, or Bridge of Sighs: Cross-Border Mediation of Insolvency-Related Disputes

Arbitration for Cross-Border Insolvency

What’s My Alternative?: Counseling Your Client and the Court with Respect to Bankruptcy Alternatives

Avoiding or Overcoming an Impasse in Mediation

Nov 2020

Mediation and a Lack of Transparency in Mass Tort Cases

Oct 2020

Bankruptcy Mediation in Consumer Cases: New Tools for Changing Times

Benchnotes August 2020

Aug 2020

Appeal Heads Toward the Fourth Circuit on Arbitration of Discharge Violations

Eventually, the Supreme Court will decide whether bankruptcy is a unique exception to the general rule that arbitration agreements are rigorously enforced.

Second Circuit Nixes Nationwide Class Actions for Discharge Violations

Second Circuit says that later Supreme Court authority did not undermine the appeals court’s prior decision that creditors cannot compel arbitration of discharge violations.