We Can Work it Out: Entertaining a Dispute Resolution System Design for Bankruptcy Court

Abstract:     
The development of a dispute resolution system design for Bankruptcy Court is actually an ongoing mediation among the stakeholders and dispute resolution designers. The goal is to clarify, prioritize and mediate the values that will shape the design of a responsive bankruptcy dispute resolution system. How do you design a program that incorporates the requisite efficiency that is a hallmark of bankruptcy court while still honoring the values of party-choice, party self-determination and fairness of process that are coveted by dispute resolution professionals? This article distills the rich conversation between bankruptcy jurists and dispute resolution scholars at “ADR Meets Bankruptcy: Cross-Purpose or Cross Pollination?” sponsored by the American Bankruptcy Law review, the Hugh L. Carey Center for Dispute Resolution and St. John’s Institute for Bankruptcy Policy on October 2, 2009.

Number of Pages in PDF File: 7

Accepted Paper Series