{"id":1454,"date":"2014-07-02T20:11:19","date_gmt":"2014-07-03T00:11:19","guid":{"rendered":"http:\/\/businessconflictmanagement.com\/blog\/?p=1454"},"modified":"2014-07-02T20:11:19","modified_gmt":"2014-07-03T00:11:19","slug":"adr-in-bankruptcy-expanding-opportunities","status":"publish","type":"post","link":"http:\/\/www.businessconflictmanagement.com\/blog\/2014\/07\/adr-in-bankruptcy-expanding-opportunities\/","title":{"rendered":"ADR in Bankruptcy: Expanding Opportunities"},"content":{"rendered":"

Andrew Olejnik<\/a> of Jenner & Block and Olivier Andr\u00e9 of the CPR Institute<\/a> have co-authored an article that appears in Bankruptcy Law Reporter on the growing use of ADR tools in bankruptcy. \u00a0Dating the trend from a 2009 conference convened by the American Bankruptcy Institute Law Review, the authors conclude that “many large, complex cases increasingly have turned to ADR tools as a means to resolve disputes.” \u00a0The full article appears here.<\/a><\/p>\n

In some cases the ADR phase is statutorily required. \u00a0For example, the city of Stockton, California underwent a state-required “neutral evaluation process” before being eligible to file for bankruptcy in 2012. \u00a0Some were quasi-contractual. It is understood that “the bankruptcy court generally does not have discretion to deny enforcement of a valid prepetition arbitration provision.” \u00a0And some are aimed at judicial economy. Lehman Brothers requested and obtained ADR procedures to streamline the process of capturing the value of certain “in the money” derivatives contracts. \u00a0 And the court ordered mediation of certain tax disputes in the Ambac Financial Group Chapter 11 proceeding.<\/p>\n

Along with precatory mediation plans <\/a>in many federal bankruptcy courts, and the new presumptive mediation plan in the District of New Jersey<\/a>, we can expect, as the authors observe, increased ADR activity in this field, which so centrally relies upon negotiated outcomes.<\/p>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

A recent article highlights the rapidly developing field of mediation and arbitration in private and municipal bankruptcies.<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[9,40,14,37],"tags":[8,20,38,15,31,33],"class_list":["post-1454","post","type-post","status-publish","format-standard","hentry","category-arbitration","category-courts","category-mediation","category-negotiation","tag-adr","tag-arbitration","tag-lawyers","tag-mediation","tag-negotiation","tag-public-policy"],"aioseo_notices":[],"aioseo_head":"\n\t\t\n\t\n\t\n\t\n\t\n\t\n\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t