Innovative Proposal to use Philadelphia’s Business Court as a Vehicle for Mediating Covid-19 Commercial Disputes

A recent article in Philadelphia’s Legal Intelligencer posits using the Philadelphia Commerce Court as a vehicle for implementing an early and aggressive commercial mediation program to address the impending avalanche of Covid-19 commercial disputes. The author, Jonathan W. Hugg, proposes this concept as an alternative to bankruptcy, and looks at the Philadelphia Court of Common Pleas’ prior efforts at innovative alternative dispute resolution formats in the face of a financial crisis. This concept could certainly be considered for any state’s business court with a court-annexed ADR program.