Mediation Committee


Post date: Thursday, June 09, 2016
Photo of Sylvia Mayer
Sylvia Mayer

Autonomy. Flexibility. Privacy. Cost Efficiency. Closure. These are some of the many reasons that parties choose to mediate. But once the parties agree to mediate, then what? Below are suggestions to help you maximize the value of mediation in bankruptcy cases.

A. How to Get the Most Out of Your Mediation

Post date: Wednesday, May 11, 2016

We asked our joint membership to respond to mediation-related survey questions in order to better understand the experience and to receive comments from the litigant’s and mediator’s perspectives. We would like to thank all those who responded to the survey. We received a robust response and are providing highlights to our joint membership.

Post date: Friday, May 06, 2016

This article by C. Edward Dobbs provides a detailed outline for party advocates and mediators.

Post date: Friday, April 01, 2016

Unlike the more common pre-dispute arbitration agreement in which the contracting parties agree to arbitrate disputes if and when they occur, a structured arbitration agreement is a negotiated contract created after a dispute arises. It is customized to fit the facts and risks facing the parties and includes dispute-specific procedural rules applicable to both the parties and the arbitrator or arbitration panel.

Post date: Tuesday, October 27, 2015

Mediation has become an invaluable tool in large chapter 11 cases.

Post date: Tuesday, October 27, 2015
Photo of Donald L. Swanson
Donald L. Swanson

Here’s a confession: I’m in a four-party mediation. It begins at 9:30 a.m. in a joint 30-minute session. The mediator then spends 30 minutes with each party. It’s now noon — we’re taking lunch orders — and the mediation process has only just begun! At mid-afternoon, positions are far apart, and pressure mounts to make lots of progress in a hurry.

Post date: Tuesday, June 16, 2015

Mediation will continue to expand as a resource in all types of bankruptcy cases. It is the hope of the Mediation Committee that the ABI Mediation Model Rules will become a valuable resource for judges, local rules committees, professionals and parties, and that the rules will help facilitate the growth and accessibility of bankruptcy mediation to the entire bankruptcy community.

Post date: Monday, June 08, 2015
Photo of Donald L. Swanson
Donald L. Swanson

It’s January 2011. I’m sitting in a conference room at the Federal Courthouse in Omaha (the building is new and beautiful; you should visit it sometime). It’s a “brown-bag luncheon” for the local bankruptcy bench and bar. We’re on the last agenda item (open forum), and the judge asks for input. Having recently completed a couple of state court mediations, I raise my hand and say, “What about using mediations in bankruptcy?” Next thing that happens: I’m chair of the Nebraska Bankruptcy Court Mediation Committee.

Post date: Monday, June 08, 2015

More and more, alternative dispute resolution is providing an efficient methodology for reducing the costs of bankruptcy proceedings and bankruptcy litigation. It was not that long ago that bankruptcy lawyers inherently believed that they were capable of settling their own cases and did not need outside help. (The authors were among those people.)

Post date: Friday, April 03, 2015

ABI/St. John’s Bankruptcy Mediation Training will offer its fifth 40-hour training session this spring. In recognition of this grand achievement, we spoke with Elayne Greenberg, the program’s co-creator and facilitator. As a participant of the inaugural ABI/St. John’s mediation class of 2011, it was a pleasure to catch up with Elayne and learn how the program has grown since its inception.




Ms. Judith Elkin, Esq.
Pachulski Stang Ziehl & Jones LLP
New Rochelle, NY
(917) 671-8062

Hon. Louis H. Kornreich
Bernstein Shur
Bangor, ME
(207) 852-1608

Mr. Ian Connor Bifferato
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

Mr. Christopher M. Candon
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

Mr. Edward L. Schnitzer, Esq.
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

Mr. Isaac Daniel Rothschild
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

Mr. Donald L. Swanson
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

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