California law firm Jeffer
Mangels Butler & Mitchell LLP and the name partners of
California law firm Shulman
Hodges & Bastian LLP have announced the formation of 9019
Bankruptcy Arbitration and Mediation (9019BAM!),
a mediation and arbitration service focusing on the resolution of
complex bankruptcy and commercial disputes.
9019BAM! provides a panel of independent mediators and arbitrators from
numerous law firms, who are experienced commercial and bankruptcy trial
lawyers as well as experienced neutrals.
"Evaluative mediation is sually favored by participants in bankruptcy
and commercial dispute resolutions," said veteran trial lawyer John
Graham, a partner at Jeffer Mangels Butler & Mitchell LLP and
co-manager of 9019BAM!. "Our neutrals have the depth and experience to
deliver the type of recommendations and opinions that matter when the
parties need to know what might occur should the case go back to court."
Graham also noted that "Bankruptcy Rule 9019(c) allows contested
matters, including discovery disputes, to be resolved by arbitration if
the parties agree. This provision is vastly underutilized, but can
provide in certain cases a more efficient resolution process than the
courts. Valuation disputes in particular lend themselves to resolution
in this manner, especially through 'baseball style arbitration' where
the arbitrator will select one party's figure or the other's."
"As a practicing lawyer, I know how frustrating it can be to clients who
have to wait for months for a trial date, due to backlogs in courts
throughout California," said 9019BAM! co-manager, Leonard
Shulman, a partner at Shulman Hodges & Bastian LLP. "Mediation or
arbitration can provide a quicker result, but lawyers can be reluctant
to use neutrals who don't have the specialized experience required for
certain complex matters. That's where we come in."
Lawyers looking for the right mediator or arbitrator can visit the
9019BAM! website, review the background and experience of available
neutrals, and click on "Schedule a Neutral," to view the selected
neutral's calendar, in real time. This allows lawyers to schedule their
mediation or arbitration on consecutive days, at a time that is
convenient. This unique online calendaring system allows parties to
propose and confirm dates and easily address the complicated scheduling
issues that often hinder the mediation and arbitration process.
"With the right mediator or arbitrator the process should work for all
involved," said Graham. "If we cannot add value to the mediation or
arbitration by providing a specialist who fits the case, we will not
take the matter."
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