Sunday, December 11
OVERVIEW AND INTRODUCTION TO THE FUNDAMENTALS OF BANKRUPTCY MEDIATION
Welcome, Purpose and Goal-Setting
Why Bankruptcy Mediation?
The Role of a Bankruptcy Mediator — Developing a Mediator’s Mind
Bankruptcy Mediation Overview: Definition, A Tale of Two Theories: Understanding Conflict-Resolution Ideology in Bankruptcy, Values, Anatomy of Mediation, Mediator’s Role — Lecture
Effective Opening Statements and Agenda-Setting — Lecture and Exercise
Beginning Mediator’s Skills: Promoting Effective Conflict Discourse
Monday, December 12
APPLICATION AND PRACTICE OF FUNDAMENTAL BANKRUPTCY MEDIATION SKILLS
Reflections, Questions and Review of Day One
Mediator’s Skills: Promoting Effective Conflict Discourse (cont’d.) — Lecture, Exercise and Simulation
Physical and Organizational Considerations in Mediation
Role Play #1: Chapter 7 — Simulation, Individual Group Debrief and Class Debrief
Professional Bankruptcy Mediators: A Real World View of the Business and Profession of Mediation
It is both exiting and challenging to expand your bankruptcy practice to include mediation. Learn from respected professionals their development and marketing strategies to generate your mediation practice. (Bob Fishman, Rick Mikels, Jerry Markowitz and Scott Stuart)
Drafting Summary Letters
Role Play #2: Chapter 7 — Simulation, Individual Group Debrief and Class Debrief
Role Play #3: Chapter 13 — Simulation, Individual Group Debrief and Class Debrief
Introduction to Pre-mediation (overview)
Tuesday, December 13
PRACTICE CHALLENGES IN BANKRUPTCY MEDIATIONS: VALUATIONS AND MULTI-PARTY MEDIATIONS
Reflections, Questions and Review of Day Two
Pre-mediation cont’d - Meaningful Informed consent
Overcoming Valuation Impasses: Effective Strategies in Lieu of Mediator Evaluation
Overcoming Valuation Impasses: Psychological Distortions that Interfere with Rational Decision-Making
Role Play #4: Chapter 11 — Simulation, Individual Group Debrief and Class Debrief
The Rise of Plan Mediations: The Pitfalls, Benefits and Limits of Confidentiality (Damian Schaible)
Convening and Facilitating Multi-Party Mediations: Chapter 11 Bankruptcy Mediations
Role Play #5: Chapter 11 — Simulation, Individual Group Debrief and Class Debrief
Integrating Lessons Learned from Multi-Party Mediations
PRACTICE CHALLENGES IN MEDIATION: OVERCOMING FINAL IMPASSES AND ETHICS
Reflections, Questions and Review of Day Three
Strategies for Overcoming Final Impasses (Ed Dobbs)
Role Play #6: Chapter 11
Mediation Demonstration ( Ed Dobbs)
ROLE PLAY #7
Integrating lessons learned from role play
Clarifying the Blurry Ethical Contours of Bankruptcy Mediation and Confidentiality– lecture and exercise
BANKRUPTCY MEDIATION: PRE-MEDIATION, ETHICS AND PUTTING IT ALL TOGETHER
Reflections, Questions and Review of Day Four
Optimizing the use of Pre-mediation Opportunities, Summary letters – lecture and exercise
Role Play #8: Simulation, Individual Group Debrief and Class Debrief
Views from the Bench: When A Judge Suggests Mediation: Case and Mediator Selection ( Melanie Cyganowski, retired bankruptcy judge)
Answering unanswered questions
Role Play #9: Simulation, Individual Group Debrief and Class Debrief
Next Steps to Becoming a Professional Mediator
This schedule is subject to modification.
Prof. Elayne E. Greenberg
Assistant Dean for Dispute Resolution Programs
Professor of Legal Practice
Director of The Hugh L. Carey Center for Dispute Resolution
St. John’s University School of Law; New York
Melanie Cyganowski (retired bankruptcy judge)
Otterbourg P.C.; New York
C. Edward Dobbs
Parker, Hudson, Rainer & Dobbs LLP
Partner, Davis Polk Wardwell LLP
Robert M. Fishman
Shaw Fishman Glantz & Towbin LLC
Jerry M. Markowitz
Markowitz Ringel Trusty + Hartog, P.A.
Richard E. Mikels
Pachulski Stang Ziehl & Jones LLP
Scott Y. Stuart
Participants are required to attend the entire 40 hours of training. If you cannot attend all 40 hours, please defer registering.
Participants are responsible for their own travel and hotel arrangements. Some nearby hotels to consider are The Millennium Hilton, Cosmopolitan Hotel Tribeca, Embassy Suites Hotel New York, New York Marriott and Holiday Inn Downtown. These listings are provided for informational purposes only and are not vendor endorsements or recommendations.
St. John's University School of Law, Manhattan Campus
51 Astor Place
New York, NY 10003
Building entrance is between 3rd and 4th Avenues.
All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by Novermber 18, 2016. No refunds will be granted after November 18, but substitutions will be allowed. After November 18, upon written request, a coupon for 20% off the registration fee (not including optional events) will be issued, which can be used (by the canceling registrant only) for any ABI educational program up to one year after this conference, or for this same conference next year.
33.75 hours of general CLE credit, including 2.25 hours of ethics, are pending in states calculating CLE on a 60-minute hour, and 40.5 hours of general CLE credit, including 2.5 hours of ethics, are pending in 50-minute-hour states. Credit hours granted are subject to approval from each state. California MCLE: ABI certifies that this activity has been approved for MCLE credit in the amount of 33.75 hours, of which 2.25 hours will apply to ethics. NY MCLE: This transitional and non-transitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 40.5 credit hours, of which 2.5 hours of credit can be applied toward the ethics professionalism requirement. 40.5 hours of CPE credit, including 2.5 hours of ethics, are also available.
*ABI offers intermediate-level courses, which assume that attendees will have at least some detailed knowledge of insolvency matters (pursuant to the "Statement on Standards for CPE Programs" established by AICPA and NASBA). ABI is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE sponsors. State boards of accountancy have the final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be addressed to the National Registry of CPE Sponsors, 150 Fourth Ave. North, Suite 700, Nashville, TN 37219-2417, or www.nasba.org. For more information regarding administrative policies such as complaint and refund, please contact the American Bankruptcy Institute at (703) 739-0800.
ABI acknowledges that in some instances there will be persons who need to attend an educational seminar for CLE credit who are not able to pay full registration fees. ABI will handle such instances on a case-by-case basis and will work with the individual on alternative solutions. For persons who cannot meet the full registration rate, ABI will offer a reduced rate based on what the individual can reasonably afford to cover the cost of meals and materials. For persons unable to pay a reduced rate, we may allow the individual to work at our registration area for a few hours during attendee check-in, or assist in conference set-up. ABI also has reduced rates for government employees, professors, law clerks and students. For information on tuition assistance, send an e-mail to [email protected].
The Gold Standard of Bankruptcy Mediation Training
The ABI/St. John’s Bankruptcy Mediation Training program is designed to educate mediators about the theory, skills and specific practice challenges of bankruptcy mediation. Guided by a distinguished faculty of nationally respected bankruptcy jurists, practitioners and mediators, the ABI/St. John’s Mediation Training teaches the critical skills that are requisites for bankruptcy mediators. Our training faculty includes leaders in the field of mediation and bankruptcy. Lectures, exercises and simulations focus solely on bankruptcy conflicts.
Beyond the core skills that are essential for good mediators, participants will also learn about specialized bankruptcy issues inherent in bankruptcy mediations, including:
- Understanding the Anatomy of a Successful Bankruptcy Mediation
- Maximizing Pre-Mediation Opportunities
- Managing the Multi-Party Dynamics of Bankruptcy Mediation
- Analyzing Impasses in Bankruptcy and Applying Impasse-Breaking Skills
- Mediating Valuation Conflicts Without Having the Mediator Evaluate
- Distinguishing Between Writing Mediation Summaries and Drafting Agreements
- Defining Bankruptcy Mediation Ethics Within a Collegial Bankruptcy Community
- Maintaining Momentum and Ensuring Continuity in Multi-Session Mediations
During the 40 hours of this highly interactive four-day training, participants will develop an understanding of the practice of bankruptcy mediation through a combination of lectures, videos, demonstrations and supervised simulations. At the conclusion of the training, participants will receive a Certificate of Completion of ABI/St. John’s Bankruptcy Mediation Training, the Gold Standard of Bankruptcy Mediation Training. Participants will also receive a DVD of themselves in action during a mock mediation. As an added bonus, the training qualifies for continuing legal education credit*.
*In order to receive credit, participants are required to commit to attending the entire 40 hours of training.
Why Bankruptcy Mediation Training?
Bankruptcy judges, lawyers and financial advisors have a long-held and respected reputation of competently assessing the bottom line and settling their cases. However, despite bankruptcy professionals’ best efforts, sometimes cases are unable to be settled. For those cases, mediation can be the appropriate forum. Increasingly, bankruptcy courts are using mediation as a valuable adjunct to their case management to help resolve issues that even the most skilled bankruptcy professionals are unable to resolve. Consequently, there is a growing need for trained bankruptcy mediators.
Who Should Attend?
If you are a bankruptcy judge, lawyer or financial professional who is interested in applying your bankruptcy expertise, learning more about bankruptcy mediation and possibly becoming a bankruptcy mediator, or if you are already a mediator and would like to expand your skills into bankruptcy mediation, this training is for you.
(postmarked by 10/21/16)
New ABI Member*
ABI Government/Non-Profit Member
New ABI Government/Non-Profit Member*
* Includes a one-year ABI membership for first-time members — a $295 value! ABI membership is individual and nonrefundable. Expired members should select the member rate and renew their membership at renew.abi.org.
All attendees will receive a copy of ABI's Bankruptcy Mediation book, one of the best guides on bankruptcy mediation, written by some of the top mediators in bankruptcy - an $85 value.