Bankruptcy & Finance

As a leading provider of alternative dispute resolution services to the financial community, MWI’s Bankruptcy & Finance panel combines expertise in dispute resolution with wide-ranging knowledge in both bankruptcy and finance practices.  Our mediators and arbitrators have experience in all types of bankruptcy and finance cases and have participated in discovery, negotiation and trial of all manner of financial disputes. They are experts in seeing the issues and bringing a case to a mutually beneficial resolution.  Depending on the type of bankruptcy or financial dispute, MWI neutrals are appointed to mediations either by judicial order or by mutual agreement of counsel.

MWI is proud to sponsor the ABI Northeast Bankruptcy Conference as a Benefactor on July 12-15 at the Mount Washington Hotel in Bretton Woods, New Hampshire. MWI Mediators Jack Esher and Frank Conrad will be at the Conference and the MWI's sponsored events on Saturday, July 14th:

- Breakfast, 7:30am – 8:30am;
- Coffee Break, 10:00am – 10:30am.

If you are planning to attend, please look for Jack and Frank and pick up some materials about MWI.  More information about the conference is available on the ABI website by clicking here.

SAMPLE MEDIATORS AND ARBITRATORS - click on a name or picture for more information

Frank Conrad

Jack Esher

Howard Gorney

Frank Monaco

Robert Wright

SCOPE OF SERVICES

MWI administers all aspects of the services including intake, convening, logistics and follow-up. If a process has not been mandated by a Court, MWI utilizes its own proprietary procedures.  Even if the process is court-ordered, the procedures are customized to focus on the interests of the parties, which may include expediency, preparation and/or resolution of pre-mediation/hearing issues.  MWI guides parties through the efficient and comprehensive process to provide a professional, seamless and beneficial experience.

TYPES OF DISPUTES

MWI bankruptcy neutrals can be used in any type of adversary proceedings or contested matters, including:

SAMPLE ENGAGEMENTS

• MWI was accepted to a panel of mediators by the United States Bankruptcy Court for the Southern District of New York for an ADR process specific to one debtor. One case involved a derivative valuation dispute in which the trustee demanded $4.5M based on the terms of the International Swaps and Derivatives Association (ISDA) Master Agreement between the parties. The parties were disputing the amount of a terminal payment made by the counterparty to the trustee as well as the amount of the interest owed. The dispute involved the method used to calculate the amount of the terminal payment and the interest. The parties worked out the issues in one day and agreed to a Memorandum of Understanding, subject to a standard termination agreement.

• Thirty preference cases were recently assigned to MWI by the United States Bankruptcy Court for the District of Delaware. After an introductory call with plaintiff counsel to discuss the status of each case, MWI contacted defense counsel to discuss the status and schedule pre-mediation conference calls. MWI worked with counsel for both sides in each matter as cases settled or went to mediation. Most mediations were scheduled for ½ day sessions, with two per day on back-to-back days.

• MWI was retained by counsel for a national sporting goods retail chain that had gone bankrupt under Chapter 11 and closed many of its stores. The dispute entailed one closed store and the sale of display and other store assets to a third party before the debtor’s Motion for Approval for Lease Rejection was approved and the items sold became “abandoned to the Landlord.” The parties reached an agreement in which the MWI Neutral skillfully assisted the parties to reach a resolution on all terms.

MWI BANKRUPTCY & FINANCE NEWSLETTERS

For additional information about MWI's Bankruptcy Mediation and Arbitration Services, please contact Tad Mayer at This e-mail address is being protected from spambots. You need JavaScript enabled to view it. or 800-694-8323.