Alternative Dispute Resolution In A Bankruptcy Court
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Alternative Dispute Resolution In A Bankruptcy Court
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Author : Steven Hartwell
language : en
Publisher:
Release Date : 1988
Alternative Dispute Resolution In A Bankruptcy Court written by Steven Hartwell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988 with Arbitration and award categories.
"A publication of the Federal Judicial Center"--Cover.
Alternative Dispute Resolution In A Bankruptcy Court
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Author : Steven Hartwell
language : en
Publisher:
Release Date : 1988
Alternative Dispute Resolution In A Bankruptcy Court written by Steven Hartwell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988 with Arbitration and award categories.
"A publication of the Federal Judicial Center"--Cover.
Expanding The Reach Of Alternative Dispute Resolution In Bankruptcy
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Author : Charles Jordan Tabb
language : en
Publisher:
Release Date : 2013
Expanding The Reach Of Alternative Dispute Resolution In Bankruptcy written by Charles Jordan Tabb and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with categories.
Due to the sharp increase of bankruptcy filings, the increased pressure for judges to streamline dockets, and parties' acute sensitivity to the costs and inefficiencies of litigation, an increasing number of bankruptcy courts now employ or encourage alternative dispute resolution methods. This article examines the reported decisions and select unreported orders in bankruptcy cases where ADR has been employed, the general characteristics of ADR programs currently utilized by bankruptcy courts, and the statutory authority for use of mandatory ADR in bankruptcy cases. Based on the foregoing, this article argues that the Bankruptcy Rules should be amended to regularize the procedures for using ADR and to further its salutary use.
Adr Guidebook
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Author : United States. Court of Appeals (9th Circuit). Standing Committee on Alternative Dispute Resolution
language : en
Publisher:
Release Date : 2003
Adr Guidebook written by United States. Court of Appeals (9th Circuit). Standing Committee on Alternative Dispute Resolution and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Dispute resolution (Law) categories.
Alternative Dispute Resolution
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Author : Nancy F. Atlas
language : en
Publisher: American Bar Association
Release Date : 2000
Alternative Dispute Resolution written by Nancy F. Atlas and has been published by American Bar Association this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Business & Economics categories.
This book examines various ADR practices, giving you the information you need to evaluate each technique and successfully apply them. Includes numerous checklists, practice tips and sample agreements.
Integrating Alternative Dispute Resolution Into Bankruptcy
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Author : Nancy Welsh
language : en
Publisher:
Release Date : 2012
Integrating Alternative Dispute Resolution Into Bankruptcy written by Nancy Welsh and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with categories.
Today, there can be little doubt that “alternative” dispute resolution is anything but alternative. Nonetheless, many judges, lawyers (and law students) do not truly understand the dispute resolution processes that are available and how they should be used. In the shadow of the current economic crisis, this lack of knowledge is likely to have negative consequences, particularly in those areas of practice such as bankruptcy and foreclosure in which clients, lawyers, regulators, and courts work under pressure, often with inadequate time and financial resources to permit careful analysis of procedural options. Potential negative effects can include: (1) impairment of a lawyer's ability to provide her clients with competent advice regarding the appropriate application of these procedures; (2) impairment of a lawyer's ability to suggest new dispute resolution hybrids that are both creative and implementable; (3) inappropriate use of dispute resolution procedures, adversely affecting clients, third party beneficiaries/victims, sponsoring institutions, and the integrity of dispute resolution as a field; (4) inadequate regulation, monitoring, and use of dispute resolution procedures; (5) the temptation of some lawyers, clients, and institutions to make intentionally inappropriate and even unethical use of dispute resolution procedures; and (6) new, and sometimes entirely unnecessary, satellite litigation arising out of the use of dispute resolution procedures. Meanwhile, the current ethics rules for lawyers, which are based largely on the American Bar Association's Model Rules of Professional Conduct and are supposed to provide some sort of an ethical and professional brake upon “sharp practices” by lawyers, are either so ambiguous or so insufficient in their treatment of “non-adjudicative” dispute resolution procedures that they may invite bad behavior by clever clients or their lawyers. This Article tells two tales - one hypothetical, the other the real story that inspired the hypothetical - that illustrate many of the negative effects described supra. While now is the time to advocate for the increased use of dispute resolution procedures in bankruptcy and foreclosure matters, now is also the time to demand more stringent education and regulation of lawyers to assist them in making sufficiently knowledgeable, skillful and ethical use of “alternative” dispute resolution procedures, especially in the court-connected context. Law schools, meanwhile, play an essential role in educating students regarding existing dispute resolution procedures and their application, but law schools are much more likely to incorporate such material into their curricula if bar exams test for future lawyers' knowledge and thoughtful application of these procedures. Last, the Model Rules of Professional Conduct and states' ethics rules for lawyers should be updated to respond to the many ethical ambiguities that currently haunt non-adjudicative court-connected dispute resolution.
Mediation In Bankruptcy
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Author : Robert J. Niemic
language : en
Publisher:
Release Date : 1998
Mediation In Bankruptcy written by Robert J. Niemic and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Bankruptcy categories.
The Federal Judicial Center survey of mediation participants.
Rules Of The United States District Court For The District Of Columbia
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Author : United States. District Court (District of Columbia)
language : en
Publisher:
Release Date : 1994
Rules Of The United States District Court For The District Of Columbia written by United States. District Court (District of Columbia) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Court rules categories.
Alternative Methods Of Dispute Resolution
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Author : Martin A. Frey
language : en
Publisher: West Legal Studies (Paperback)
Release Date : 2002-08-02
Alternative Methods Of Dispute Resolution written by Martin A. Frey and has been published by West Legal Studies (Paperback) this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-08-02 with Business & Economics categories.
This textbook describes different methods of dispute resolution and outlines the advantages and disadvantages of each. Specific examples are used to illustrate key concepts, and role play exercises are included as a means of reinforcing the main ideas. Unilateral, bilateral, and third-party approaches are all considered, with discussion of inaction, acquiescence, self-help, negotiation, juries, mediation, arbitration, litigation, and private judging.
Expanding The Reach Of Alternative Dispute Resolution In Bankruptcy
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Author : Ralph Mabey
language : en
Publisher:
Release Date : 1995
Expanding The Reach Of Alternative Dispute Resolution In Bankruptcy written by Ralph Mabey and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with categories.