Alternative Dispute Resolution

Debtor Can’t Compel Arbitration on an Involuntary Petition

A creditor can’t be compelled to arbitrate the validity of a claim before the bankruptcy court decides whether the involuntary petitioner’s claim is subject to a bona fide dispute.

Judicial Merry-Go-Round

Loose Lips Sink Ships: Mediation Confidentiality, Privilege and Ethics

Emerging Leaders & Judges’ Roundtable Program

So You Think You Can Mediate: A Guide to Upping Your Game

Lender Defaulted on the Merits for ‘Prolonged, Extraordinary’ Discovery Violations

Despite contrary Second Circuit dicta, retiring Judge Robert Drain certified a nationwide class in a suit for violation of the discharge injunction.

Limitations on Confidentiality

Sept 2022

Benchnotes August 2022

Aug 2022

Mediation Committee Happenings

Our committee has been quite active during the last few months!

A Conversation with Hon. Louis Kornreich (Ret.)

Retired Bankruptcy Judge Louis Kornreich has been a mainstay for the ABI Mediation Committee for many years and now serves as a co-chair. As a U.S. Bankruptcy Judge, he was respected for his innovative approach to solving problems that crop up in cases by employing mediation-like skills to help parties resolve their disputes without using the full panoply of litigation tools. He has been an ardent supporter of ADR processes for decades, before, during and after his career on the bench.