The Bankruptcy Code directs the trustee in “Subchapter V” small business debtor cases to “facilitate a consensual plan of reorganization.”[1] Earlier this year, the ABI Mediation and Reorganization Committees invited their members to participate in a survey to assess how this mandate has been implemented in practice.
Committees
As we exit the pandemic to a new beginning with soon-to-be-“in-person” events, the Mediation Committee is on a mission to join in on the happenings.
Wanted: Mediation Committee Leaders
The Mediation Committee continues to make things happen, notwithstanding the pandemic.
Education
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.
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 LLP
New Rochelle, NY
(917) 671-8062
Co-Chair
Pachulski Stang Ziehl & Jones LLP
New Rochelle, NY
(917) 671-8062
Hon. Louis H. Kornreich
Co-Chair
Bernstein Shur
Bangor, ME
(207) 852-1608
Co-Chair
Bernstein Shur
Bangor, ME
(207) 852-1608
Mr. Ian Connor Bifferato
Communications Manager
The Bifferato Firm
Wilmington, DE
(302) 225-7600
Communications Manager
The Bifferato Firm
Wilmington, DE
(302) 225-7600
Mr. Russell M. Blain
Communications Manager
Stichter, Riedel, Blain & Postler, PA
Tampa, FL
(813) 229-0144
Communications Manager
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. Edward L. Schnitzer, Esq.
Education Director
Montgomery McCracken Walker & Rhoads LLP
New York, NY
(212) 551-7781
Education Director
Montgomery McCracken Walker & Rhoads LLP
New York, NY
(212) 551-7781
Mr. Francis A. Monaco, Jr.
Membership Relations Director
Monaco Mediation
Wilmington, MD
(302) 690-0757
Membership Relations Director
Monaco Mediation
Wilmington, MD
(302) 690-0757
Mr. Isaac Daniel Rothschild
Membership Relations Director
Mesch Clark Rothschild
Tucson, AZ
(520) 624-8886
Membership Relations Director
Mesch Clark Rothschild
Tucson, AZ
(520) 624-8886
Mr. Morris S. Bauer
Newsletter Editor
Duane Morris LLP
Newark, NJ
(973) 424-2037
Newsletter Editor
Duane Morris LLP
Newark, NJ
(973) 424-2037
Mr. Donald L. Swanson
Special Projects Leader
Koley Jessen
Omaha, NE
(402) 390-9500
Special Projects Leader
Koley Jessen
Omaha, NE
(402) 390-9500
Mrs. Emily S. Wall
Special Projects Leader
Cavazos Hendricks Poirot, PC
Dallas, TX
(214) 573-7307
Special Projects Leader
Cavazos Hendricks Poirot, PC
Dallas, TX
(214) 573-7307