Navigating Arbitration and Mediation in Bankruptcy Matters

Alternative dispute resolution, particularly mediation, is a prevalent feature in bankruptcy cases. Disputes, large and small, that arise in bankruptcy cases are often sent to mediation, either voluntarily or involuntarily. In addition, disputes may be arbitrated in certain situations, such as when the parties agree after the bankruptcy case is filed, or when the bankruptcy court enforces a pre-petition agreement to arbitrate.

This course will discuss both mediation and arbitration of bankruptcy disputes and will describe the attorney's and client's obligations when participating in a mediation. We will also discuss best practices for attorneys to follow when preparing for, and participating in, mediation or arbitration of a bankruptcy dispute. 

Learning Objectives:

1. Determine what types of bankruptcy disputes are best candidates for mediation
2. Identify your and your clients' obligations when your dispute is subject to mandatory or presumptive mediation
3. Prepare for and participate in a mediation or arbitration ancillary to a bankruptcy matter
4. Review the circumstances in which disputes in bankruptcy cases may be arbitrated