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Alternative Dispute Resolution

Mediation

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Alternative Dispute Resolution

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Benchnotes June 2018

June 2018

Bankruptcy Code
11 U.S.C. § 365
11 U.S.C. § 548
524
547
707
1112
1141
541
Topic Tags
Administrative Expense Claims
Alternative Dispute Resolution
Automatic Stay
Bankruptcy Litigation
Executory Contracts/Leases
Practice and Procedure
Professional Compensation/Fees
Consumer Bankruptcy
Discharge/Dischargeability

“Fresh Start” Principles Defeat Mandatory Arbitration Clause

June 2018

Bankruptcy Code
524
Topic Tags
Alternative Dispute Resolution
Bankruptcy Litigation
Consumer Bankruptcy
Discharge/Dischargeability
Commercial Fraud
Finance and Banking

Is Mediation the Antidote for Health Care Disputes?

Topics
Alternative Dispute Resolution

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Second Circuit Bars Arbitration in a Class Action for Violating the Discharge Injunction

New case seems inconsistent with Second Circuit’s prior opinion compelling arbitration over an automatic stay violation.

2nd Circuit

Maximizing Mediation Success: Going Beyond the Requirements of the Model Standards

April 2018

Topic Tags
Alternative Dispute Resolution

Arresting the Debtor During Mediation Is a Very Big No-No

How to ruin a good case: have your adversary arrested during mediation.

9th Circuit
California
California Central District

Mediation at Center Stage: When to Mediate, Mediator Selection and Recent Developments Affecting Chapter 11 Mediation

Bankruptcy Code
363
Topics
Alternative Dispute Resolution
Business Reorganization

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The Role of Resolution in Resiliency

Feb 2018

Topic Tags
Alternative Dispute Resolution
Business Reorganization

The Continuing Value of the Joint Session in Mediation

Nov 2017

Topic Tags
Alternative Dispute Resolution
Business Reorganization
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