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.
Mediation Committee
Committees
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.
In the last edition of this newsletter, Ed Schnitzer provided us with an excellent summary of the how and when a mediator may determine the absence of good faith. With an eye on topics of interest, Don Swanson republished Ed’s article on his weekly blog with an invitation for comment. I did just that and my response elicited further comment from many colleagues.
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.
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.
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.
Fri, 2017-12-01
Hosted by the Business Reorganization and Mediation Committees
Tue, 2017-09-12
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.
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
Ms. Judith Elkin, Esq.
Co-Chair
Pachulski Stang Ziehl & Jones
New Rochelle, NY
(917) 671-8062
Co-Chair
Pachulski Stang Ziehl & Jones
New Rochelle, NY
(917) 671-8062
Mr. John G. Loughnane
Co-Chair
Nutter McClennen & Fish, LLP
Boston, MA
(617) 439-2521
Co-Chair
Nutter McClennen & Fish, LLP
Boston, MA
(617) 439-2521
Mr. Ian C. Bifferato
Communications Manager
The Bifferato Firm PA
Wilmington, DE
(302) 225-7600
Communications Manager
The Bifferato Firm PA
Wilmington, DE
(302) 225-7600
Mr. Edward L. Schnitzer, Esq.
Communications Manager
Montgomery McCracken Walker & Rhoads LLP
New York, NY
(212) 551-7781
Communications Manager
Montgomery McCracken Walker & Rhoads LLP
New York, NY
(212) 551-7781
Mr. Russell M. Blain
Education Director
Stichter, Riedel, Blain & Postler, PA
Tampa, FL
(813) 229-0144
Education Director
Stichter, Riedel, Blain & Postler, PA
Tampa, FL
(813) 229-0144
Mr. Christopher M. Candon
Education Director
Sheehan, Phinney, Bass + Green
Manchester, NH
(603) 627-8168
Education Director
Sheehan, Phinney, Bass + Green
Manchester, NH
(603) 627-8168
Hon. Judith K. Fitzgerald
Education Director
Tucker Arensberg, P.C.
Pittsburgh, PA
(412) 559-2987
Education Director
Tucker Arensberg, P.C.
Pittsburgh, PA
(412) 559-2987
Mr. Howard N. Gorney
Membership Relations Director
self employed
Plymouth, MA
(781) 682-9010
Membership Relations Director
self employed
Plymouth, MA
(781) 682-9010
Mr. Francis A. Monaco, Jr.
Membership Relations Director
Equity Partners Division of SC&H Capital
Easton, MD
Membership Relations Director
Equity Partners Division of SC&H Capital
Easton, MD
Mr. Morris S. Bauer
Newsletter Editor
Norris McLaughlin P.A.
Bridgewater, NJ
(908) 722-0700
Newsletter Editor
Norris McLaughlin P.A.
Bridgewater, NJ
(908) 722-0700
Mr. Donald L. Swanson
Special Projects Leader
Koley Jessen
Omaha, NE
(402) 390-9500
Special Projects Leader
Koley Jessen
Omaha, NE
(402) 390-9500