Alternative Dispute Resolution

Benchnotes February 2023

Feb 2023

What Happens When Co-Defendants Hold Divergent Interests?

March 2023

Plan-Support Agreements: Uncertainty Abounds

Feb 2023

Mediating Mass-Tort Multiparty Matters: The Four Ms

Mediation Before Litigation: Why Isn’t It More Common?

“[M]ediation provides a vital alternative to litigation;” its benefits “include its cost-effectiveness, speed, and adaptability.” [1] But despite these benefits, many litigants only turn to mediation to resolve their disputes after filing a lawsuit rather than before. Litigants who fail to consider whether pre-suit mediation may work for them may be missing out on a valuable opportunity to settle their cases efficiently and privately.

Inside ABI November 2022

Nov 2022

Mediation in International Cases to Advance Cross-Border Disputes: The Singapore Convention and Its Impact on the Process

Dec 2022

Are Valuation Disputes Futile?

Jan 2023

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