ABI’s Annual Spring Meeting: Committee Educational Session
ABI's 26th Annual Spring Meeting, the networking and CLE event of 2008, will be held April 3-6 at Washington, D.C.'s Renaissance Hotel in the Nation's Capital! Join us during cherry blossom season for exciting and informative sessions, including a luncheon keynote by Supreme Court Justice Samuel A. Alito, Jr.
The Alternative Dispute Resolution committee will meet on Saturday, April 5th, from 8:00 to 9:30 am. Among other things, we will talk about Committee leadership and program opportunities. Bring your ideas!
Winter Leadership Conference Materials
More than 600 insolvency professionals from 41 states and five countries attended the 19th Annual Winter Leadership Conference in Rancho Mirage, Calif. Nearly 12 hours of CLE/CPE was provided through panel programs and committee educational sessions. The educational programs, designed by ABI Vice President-Education Robert J. Keach (Bernstein Shur; Portland, Maine) were very well-received.
The Alternative Dispute Resolution committee met on Saturday, Dec.8, from 9:30 to 11:00 am to discuss Is Arbitration the Right Decision for Your Client? That boilerplate arbitration clause can be a gift—or a problem. Learn more about enforcing it, getting out of it and the alternatives. The speakers were: Jack Esher and Michael D. Fielding
and Neal H. Bookspan.
Below are the links to the three componets of the materials for that session.
Preparing For Mediation: Attorney's Checklist
by: Jack Esher
Altman Riley Esher LLP; Boston
This is part 1 of the materials from Winter Leadership Conference session on "Is Arbitration the Right Decision for Your Client?".
These materials provide a detailed checklist for attorneys with respect to preparing for mediation, including preparing (i) the case, (ii) for the negotiation, (iii) the client and (iv) for the actual mediation session. It also includes a detailed list for the second and third stages after preparation - participation and resolution.
Click here to read the Attorney's Checklist
Six Arguments to Avoid Arbitration in Bankruptcy
by: Michael D. Fielding
Blackwell Sanders, LLP; Kansas City, Mo.
Introduction
1) The best way to avoid arbitration in bankruptcy is to never agree in the first place to a
contract that contains an arbitration clause.
2) But few people (if any) ever consider the impact of an arbitration during bankruptcy
when they enter into an agreement.
3) These materials will identify and briefly discuss various arguments that could be taken to
avoid arbitration in a bankruptcy proceeding. It also considers certain rebuttals to those
arguments.
4) The arguments that will be covered are:
Argument 1: The arbitration clause is unenforceable and thus severable
Argument 2: Because the matter involves a core proceeding, the court has discretion
whether to enforce the arbitration clause
Argument 3: The arbitration is unenforceable because it would be cost prohibitive
Argument 4: The trustee cannot be compelled to arbitrate claims that do not derive
from the debtor 234
2
Argument 5: The arbitration clause constitutes an executory contract that has been rejected
Argument 6: The right to arbitrate has been waived
5) Disclaimer: The views expressed herein are solely those of the author and do not
necessarily represent the opinions or belief of Blackwell Sanders, LLP.
Click here to read the full article
Discussion Points For Speaking With Your Client And Opposing Counsel About Mediation
by: Neal H. Bookspan
Jaburg & Wilk, P.C.; Phoenix
Click here to read the discussion.