Alternative Dispute Resolution

Alternative Dispute Resolution Provisions in Bankruptcy

District Court Overrides Arbitration on Disputes Regarding Defective Proofs of Claim

Someday, the Supreme Court will decide whether bankruptcy has an exemption from arbitration not available in ordinary commercial litigation.

Judicial Debates

Mediation Strategies in Chapter 11

Achieving Consensus in Bankruptcy Disputes Through Mediation

Arbitrability of Student Loan Dischargeability

August 2019

Breaking the Log Jam: The Trend Toward Pre-Plan Mediation of Case-Dispositive Disputes in Chapter 11

Bound to Arbitrate? Arbitration Agreements in Light of Supreme Court Decisions

May 2019

ADR in Bankruptcy

Supreme Court Decision on Arbitration Has Ominous Implications for Bankruptcy

Bankruptcy needs blanket judicial immunity from the Federal Arbitration Act after the Supreme Court’s Schein decision.