ADR in Bankruptcy and Pre-bankruptcy
Mediation can be a powerful tool to advance the resolution of restructurings and workouts, as well as bankruptcy cases. Impasses among the parties are common; mediation offers an agile, expedient, economical, collaborative alternative to solve them. Reasoned use of ADR – either in-person or remote – often fosters resolution of distressed scenarios much more quickly and advantageously than through the courts.
JAMS neutrals have deep and diverse experiences in all facets of restructuring, workouts and Chapter 11 bankruptcy cases. From neutral evaluations and mediation to mock trials and arbitration, JAMS neutrals help debtors and creditors find new channels of communication to address complex and hard-fought positions. ADR helps parties find workable paths forward – either by reducing the number of issues that must be litigated or by avoiding litigation entirely.
In the Chapter 7 context, JAMS neutrals aid clients in mediating disputes arising from exceptions to discharge, objections to exemptions, and non-dischargeability. These discreet issues are often dealt with more efficiently—and more economically—without litigation.
Our panelists are experienced in all facets of ADR, including hybrid processes where the bankruptcy court, in the interest of speed and efficiency, assigns the resolution of difficult roadblock issues to a neutral. JAMS neutrals serving in the role of Examiner may use their expertise to conduct intensive fact finding to aid in the dispute resolution process.
Due to COVID-19, business failures are on the rise and backlogs in the courts are anticipated. The speed and flexibility of ADR mean more businesses can return to productive operations sooner.
Creative strategies based on experience
JAMS is a global leader in ADR and virtual ADR services. JAMS neutrals are retired bankruptcy judges and experienced attorneys who have worked on the front line with debtors and creditors in distressed situations. They appreciate the value of consensus-building and finding common ground. They understand not only the intricacies of bankruptcy law, but just as importantly, the myriad related issues and disputes that may come into play for distressed companies, their creditors and other stakeholders.
With a longstanding commitment to innovation and technology, JAMS is ideally positioned to provide virtual mediation via videoconferencing, which has become especially important in the wake of the pandemic. Whether face-to-face or remote, our arbitration, mediation and negotiation services are tailored to the specific issues and priorities of the participants.
As organizations seek best-case outcomes in distressed situations, JAMS neutrals can apply traditional or remote ADR to find common ground that allows expedient and cost-effective resolutions. Applications include:
- Out of court restructurings and workouts
- Chapter 11 and 9 reorganization plans
- Adversary proceedings brought by estate representatives, including Chapter 7 trustees, Chapter 11 trustees, and post-confirmation Plan Trustees
- Valuation disputes (assets and businesses)
- Waterfall analyses
- Validity and priority of claims
- Disputes relating to secured status
- Asset sales disputes
- Breaches of fiduciary duty
- Fraudulent transfers, preferences and other avoidance actions
- Mass torts and product liability claims
- Contracts, leases, supply agreements – executory contract assumption and rejection disputes, rejection claims
- Corporate governance issues (officer and director liability)
- Intellectual property disputes
- Professional fee disputes
- Cross-border disputes; recognition and enforcement of foreign judgments
- Examiner appointments
- Employee and union claim and contracts
- Retirement benefits, employee benefit and pension plan disputes, and other post-employment benefits (OPEBs)
- Environmental claims
- Tax disputes and disputes with governmental units
- Real estate disputes
- Claims litigation, including validity, priority, and subordination
- Involuntary bankruptcy disputes
- Partnership bankruptcy disputes
- Individual case issues, including dischargeability litigation, objections to exemptions
- Bankruptcy appeals neutral analysis and evaluation for appeals in the Bankruptcy Appellate Panels, United States District Courts, Courts of Appeals, Supreme Court of the United States
JAMS offers efficiency, speed, and results. In order to save clients time and money, JAMS has instituted procedural options that allow the crafting of a process that is commensurate with the dispute.
Rigorous preparation. Creative solutions. Persistent follow-up. We work diligently every step of the way-from pre-mediation calls to post-mediation follow-up to help all parties arrive at the best possible outcome to their dispute.
Neutral Analysis Services
Unbiased, confidential case evaluation from the best legal minds in the business. We provide attorneys with advisory opinions allowing you to fine-tune arguments, reassess settlement options, manage client expectations—and ultimately proceed with a winning strategy.
Local Solutions. Global Reach. TM
JAMS successfully resolves business and legal disputes by providing efficient, cost-effective and impartial ways of overcoming barriers at any stage of conflict. JAMS offers customized dispute resolution services locally and globally through a combination of industry-specific experience, first-class client service, top-notch facilities and highly trained panelists.
Virtual ADR Resources
- JAMS Videoconferencing Guide (PDF) ›
- Videoconferencing Tips & Techniques ›
- Virtual ADR & Security FAQ ›
- Virtual Arbitration FAQs ›
- HIPAA Compliance (PDF) ›