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Upcoming Events

Horizons: Conversations About Future Directions in Dispute Resolution

Thursday, January 29, 2015
5:00 – 9:00 PM | TBD

Friday, January 30,  2015
8:30 AM – 4:00 PM | TBD

 

74.5 – Bankruptcy

Lancelot L. Esteibar, Note, To Kill A Mockingbird Mediator?: Assessing the Need for Third-Party Neutrals in Federal Bankruptcy Courts’ Home Foreclosure Avoidance Programs, 13 Cardozo J. Conflict Resol. 527 (2012).
Some courts now offer loss mitigation programs to provide a lender and borrower with a unique opportunity to salvage their existing relationship through structured direct negotiation sessions aimed towards preventing foreclosure. This article analyzes the difference between these loss mitigation initiatives and the traditional court annexed mediation programs that mediators are not required to participate during debtor-creditor negotiations.
{21} MEDIATION—GENERAL
{74.5} SUBJ MATTER: BANKRUPTCY
{133} COURT REFORMS

Jacqueline C. Hagerott, Foreclosure Mediation: Responding to the Current Crisis, 40 Cap. U. L. Rev. 899 (2012).
This article examines steps that the state of Ohio has taken to increase the effectiveness of its foreclosure mediators. Specifically, how the “Save the Dream” mediation practices model has contributed to positive outcomes for many people.
{21} MEDIATION—GENERAL
{74.5} SUBJ MATTER: BANKRUPTCY

Polina Kushelev, Note, An International Approach to Breaking the Core of the Bankruptcy Code and FAA Conflict, 28 Emory Bankr. Dev. J. 355 (2012).
This note discusses the role of arbitration in the context of bankruptcy proceedings. The author proposes that the need for uniformity across all proceedings outweighs the interests of creditors in having all claims in a single, core proceeding. Better results could be achieved by lifting the automatic stay and enforcing arbitration agreements in all bankruptcy proceedings when such agreements exist.
{44} ARBITRATION—GENERAL
{74.5} SUBJ MATTER: BANKRUPTCY
{133} COURT REFORMS
 
Randall J. Newsome, Mediation Disputes Arising Out of Troubled Companies- Do It Sooner Rather Than Later, 42 GOLDEN GATE U. L. REV. 661 (2012).
This article discusses the benefits to mediating bankruptcy disputes. The Honorable Randall J. Newsome offers a unique perspective on the mediation process. He highlights the importance of beginning the mediation process early in a dispute.
{21} MEDIATION—GENERAL
{74.5} SUBJ MATTER: BANKRUPTCY

C. Eileen Pruett, If You Build It Will They Come? Foreclosure Mediation in Franklin County, Ohio, 40 Cap. U. L. Rev. 935 (2012).
This article examines the specific steps Franklin County has taken regarding its own foreclosure mediation program and the subsequent results.
{21} MEDIATION—GENERAL
{74.5}SUBJ MATTER: BANKRUPTCY