The Mediation Committee has been working nonstop since our last newsletter.
In January 1918, a soldier stationed at Fort Riley, Kan., reported to the base hospital suffering from flu-like symptoms: a sore throat, fever and chest pain. By lunchtime that day, more than 100 soldiers had come down with the same mysterious malady. This was the beginning of the influenza pandemic that struck the U.S., and later the world, a century ago.
Notwithstanding the pandemic and to no surprise, the mediation committee has been active this summer. Kudos to our past and present committee leaders who are vested in building our membership and driving the practice benefits of an educated mediation process.
This article first appeared in the Maine Lawyers Review, June 18, 2020.
On August 5, 2019, I had the enlightening opportunity of discussing mediation with Rick Mikels, a seasoned bankruptcy practitioner whose appreciation for the nuances of mediation is remarkable. Rick was one of the first students of the ABI/St.
Anyone who has spent any time mediating, either representing a party or acting as the neutral, knows that the role of a mediator is typically defined by the parties, the nature of the litigation and the best path toward a resolution. Certainly, a mediator is a neutral facilitator, but the same can be said of arbitrators.
Every once in a great while, a group of people perform a voluntary service of hard and diligent effort that produces a result of excellence and provides great value to others. That is precisely what a small group of people did in creating model local rules and supporting commentary on bankruptcy mediation.
Mediation training has ventured into mindfulness, a contemplative practice that teaches mediators to develop a sense of calm. One benefit of this practice is evident when the energy in the mediation session is less than positive.
ABI’s Mediation Committee, under the current leadership of Leslie Berkoff and John Loughnane, presented the first “Portable Mediation Program” at Suffolk Law School in Boston on May 9, 2019. The program was designed by Lou Kornreich and John Loughnane as co-chairs of the committee’s Special Projects subcommittee.
ABI has been running a mediation training program in conjunction with St. John’s Law School each December for the past nine years. This program stands apart from other programs that are available for training in a more generalized capacity.
Hosted by the Business Reorganization and Mediation Committees
This webinar is geared to attorneys participating as advocates in mediations. It is intended to provide guidance for attorney advocates on how to select mediators, prepare themselves and their clients for mediation, and how to formulate negotiating strategies for use in the mediation. This program will also include tips for ensuring the attorney advocate and the client have properly formulated a risk assessment and negotiating strategy in advance of the mediation, as well as tips for dealing with impasse.
Authors of the Bankruptcy Litigation Committee's most recent newsletter hosted a call to discuss their topic, mediation of bankruptcy disputes.
During this informative call, the Newsletter Editors for the Mediation and Bankruptcy Litigation committees briefly disucssed the results of their joint survey concerning views about mediation. Ed Dobbs then lead a substansive discussion on mediation ethics. Click here to view the results of the survey and the outline provided by Mr. Dobbs that were published in a recent newsletter.
War and Peace: Recent Trends and Developments in Bankruptcy Litigation and Mediation
Consumer Mortgage Modification Mediation: A Florida Success Story
Pachulski Stang Ziehl & Jones
New Rochelle, NY
Nutter McClennen & Fish, LLP
The Bifferato Firm PA
Montgomery McCracken Walker & Rhoads LLP
New York, NY
Stichter, Riedel, Blain & Postler, PA
Sheehan, Phinney, Bass + Green
Tucker Arensberg, P.C.
Membership Relations Director
Membership Relations Director
Equity Partners Division of SC&H Capital
Norris McLaughlin P.A.
Special Projects Leader