The following session took place during Caribbean Insolvency Symposium in February 2019. This panel will discuss the role that alternative dispute resolution (ADR) can and does play in bankruptcy, starting with the tension between bankruptcy and ADR, as all ADR processes conflict with bankruptcy’s goal of centralizing estate administration into a single proceeding. In the U.S., this tension is most prevalent when a creditor seeks to enforce a pre-petition arbitration agreement. The panel will next examine the role that mediation plays in U.S. bankruptcy cases by examining the types of issues and disputes that are amenable to resolution via mediation. Finally, the panel will explore the power and potential of ADR in the cross-border arena, looking at models for how cross-border insolvency issues have been handled procedurally and identifying types of disputes that are well-suited to resolution via ADR. All sessions from this conference can be accessed at https://cle.abi.org/.
Prof. Andrew Dawson, Moderator
University of Miami School of Law; Coral Gables, Fla.
Angela L. Baglanzis
Obermayer Rebmann Maxwell & Hippel LLP; Philadelphia
CB Insolvency, LLC; Swampscott, MA
American Bankruptcy Institute; New York