Leslie Berkoff, a partner of the firm, will serve as a speaker for the Commercial Law League of America’s (CLLA) 129^th National Convention on May 17-19, 2023 in Chicago.

Ms. Berkoff’s session is titled “Mediating Bankruptcy Disputes: A Ghost-Runner on Second or Need a New Game?”  The use and practice of mediation has generated some debate among academic and practitioner commentators, suggesting the issue is well developed for discussion.  The session will address the following questions:

• What are the pros/cons of current practices for mediating bankruptcy settlements for plan confirmation purposes?
• Is mandatory mediation akin to a “tax” for parties, i.e., in preference actions and chapter 11 plan disputes, does mediation provide real value?
• What other mediation and ADR models should be considered, including the use of staff mediator programs?
• Among observers and practitioners, what best practices and opportunities for reform are worth highlighting? For example, is recourse to mediation appropriate if what is being mediated is a potentially unconfirmable plan?
• If mediation drags on, are there any mechanisms that could encourage efficiency?
• Who decides which players should have a seat at the table in the mediation?
• What about discovery and confidentiality complications? Is there value to transparency and accountability, or is that overrated?
• How does transparency and accountability dove-tail with confidentiality requirements?

The Commercial Law League of America (CLLA) is a not-for-profit association of creditors’ rights attorneys, bankruptcy attorneys, commercial collection agencies, and legal network personnel.

For additional details about the conference, visit: CLLA