Alternative Dispute Resolution

Based on his distinguished 45-year career dealing with stress and human health, Dr. Bruce Rabin will present a timely program identifying the mental and physical effects of stress, and will introduce skills that can be used to minimize those effects. He will explore the concepts of isolation, changes in behavior and health due to the pandemic, and how negotiation strategies for in-person or remote mediations, client relations and decision-making are affected by stress.

Most lawyers are schooled on how to litigate and fully understand how to prepare for the courtroom battleground. Mediation, however, is a flexible and relatively informal dispute-resolution process that has become almost a mandatory first step in many common bankruptcy disputes, like preference actions — and it can achieve significant cost-value results for clients. Yet many lawyers make the mistake of either treating mediation as a side show that requires little or no preparation, or using the same preparation methods they use for trial.

A panel of judges and ABI 40under40 honorees will be debating key bankruptcy issues including arbitration disputes, cramdown provisions and more! Listen in, weigh in and learn a lot!
First Debate Cramdowns “East vs. West”
Resolution 1: An arbitrator should decide whether disputes in bankruptcy cases and proceedings are subject to arbitration.
Pro: Andrew Helman
Con: Lindsi Weber
Resolution 2: All disputes in bankruptcy cases and proceedings can be subjected to binding arbitration.
Pro: Hon. Michael Fagone
Con: Hon. Daniel Collins

The panelists will discuss in-court and out-of-court options for distressed businesses, as well as alternatives both pre- and post-COVID-19, drawing upon their experiences and what they see in the market going forward.
Sponsored by Ballard Spahr LLP

This past year has seen a remarkable number of wide splits and controversial opinions. This panel of experts, moderated by ABI Editor-at-Large Bill Rochelle, will discuss and analyze current notable business and consumer bankruptcy cases.