You were just recently selected as the mediator in a large chapter 11 case, and the judge happily approved your selection. You prepare, you schedule, and you then look forward to what you believe will be a successful mediation session.
Mediation Committee
Committees
A recent article in the Lawyers Journal published by the Allegheny County Bar Association, “Early Neutral Evaluation in the Western District of PA,”[1] addressed the early neutral evaluation (ENE) and mediation opportunities that are part of the mandatory ADR program in the U.S.
I find it surprising that sometimes people do not appreciate that mediation is an artform. There are some who hold the misguided view that mediation is simply another form of court-directed settlement conference. However, mediation is not a settlement conference.
We had a very productive business meeting at ABI’s Annual Spring Meeting, where we discussed a number of issues, including:
Editor's Note: This article was originally published in the January 2018 edition of the Global Restructuring Review (GRR).
In December, 2016, the executive committee of ABI’s Board of Directors created the ABI Commission on Consumer Bankruptcy. The Commission is comprised of seventeen members charged with examining the consumer bankruptcy system and delivering a report in December 2018 with recommended improvements.
On June 12, 2017, the American Bar Association’s Section of Dispute Resolution published its “Report of the Task Force on Research on Mediator Techniques.” Notably, this report makes no reference to any research on bankruptcy mediation — not even a single study.
The Mediation Committee looks forward to another productive year. Our ABI-published mediation book, Bankruptcy Mediation, is an excellent resource for mediators and representatives of parties in mediation.
In 2009, I had a summer intern and together we spent the entire summer compiling an outline summarizing the contents of local rules concerning the use of mediation and other ADR processes in bankruptcy courts throughout the nation (I did some other stuff too like having lunch in the park instead of at my desk). This was long a project on the bucket list of the former ADR Committee of the Ameri
We are pleased to report that many bankruptcy judges responded to our survey on the use of mediation in their courts. The response rate was 26 percent, and we are told this is a very high rate of return. We appreciate the time and effort each of the participating judges expended in this effort and hope you will find this summary of results to be useful.
Thu, 2016-07-28
Authors of the Bankruptcy Litigation Committee's most recent newsletter hosted a call to discuss their topic, mediation of bankruptcy disputes.
Mon, 2016-05-16
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.
Fri, 2016-04-15
War and Peace: Recent Trends and Developments in Bankruptcy Litigation and Mediation
Sat, 2015-04-18
Consumer Mortgage Modification Mediation: A Florida Success Story
Mr. Jerry M. Markowitz
Co-Chair
Markowitz, Ringel, Trusty + Hartog, P.A.
Miami, FL
(305) 670-5000
Co-Chair
Markowitz, Ringel, Trusty + Hartog, P.A.
Miami, FL
(305) 670-5000
Ms. Leslie Ann Berkoff, Esq.
Co-Chair
Moritt Hock & Hamroff LLP
New York, NY
(516) 880-7243
Co-Chair
Moritt Hock & Hamroff LLP
New York, NY
(516) 880-7243
Ms. Judith Elkin, Esq.
Education Director
Judith Elkin PLLC
New Rochelle, NY
(917) 671-8062
Education Director
Judith Elkin PLLC
New Rochelle, NY
(917) 671-8062
Mr. Francis A. Monaco, Jr.
Education Director
Equity Partners HG
Easton, MD
Education Director
Equity Partners HG
Easton, MD
Mr. Scott K. Brown
Newsletter Editor
Lewis Roca Rothgerber Christie LLP
Phoenix, AZ
(602) 262-5321
Newsletter Editor
Lewis Roca Rothgerber Christie LLP
Phoenix, AZ
(602) 262-5321
Hon. Judith K. Fitzgerald
Newsletter Editor
Tucker Arensberg, P.C.
Pittsburgh, PA
(412) 559-2987
Newsletter Editor
Tucker Arensberg, P.C.
Pittsburgh, PA
(412) 559-2987
Hon. Louis H. Kornreich
Special Projects Leader
Bernstein Shur
Bangor, ME
(207) 852-1608
Special Projects Leader
Bernstein Shur
Bangor, ME
(207) 852-1608
Mr. John G. Loughnane
Special Projects Leader
Nutter McClennen & Fish, LLP
Boston, MA
(617) 439-2521
Special Projects Leader
Nutter McClennen & Fish, LLP
Boston, MA
(617) 439-2521
Mr. Donald L. Swanson
Communications Manager
Koley Jessen
Omaha, NE
(402) 390-9500
Communications Manager
Koley Jessen
Omaha, NE
(402) 390-9500
Mr. Edward L. Schnitzer
Communications Manager
CKR Law LLP
New York, NY
(212) 259-7300
Communications Manager
CKR Law LLP
New York, NY
(212) 259-7300
Ms. Carollynn H.G. Callari
Membership Relations Director
Callari Partners LLC
New York, NY
(212) 202-3055
Membership Relations Director
Callari Partners LLC
New York, NY
(212) 202-3055
Mr. Christopher M. Candon
Membership Relations Director
Sheehan, Phinney, Bass + Green
Manchester, NH
(603) 627-8168
Membership Relations Director
Sheehan, Phinney, Bass + Green
Manchester, NH
(603) 627-8168
Mr. Russell M. Blain
Membership Relations Director
Stichter, Riedel, Blain & Postler, PA
Tampa, FL
(813) 229-0144
Membership Relations Director
Stichter, Riedel, Blain & Postler, PA
Tampa, FL
(813) 229-0144