Mediation has become an invaluable tool in large chapter 11 cases.
Mediation Committee
Committees
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.
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.
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.
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.)
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.
Co-Chair
The Bifferato Firm
Wilmington, DE
(302) 225-7600
Co-Chair
Womble Bond Dickinson
New York, NY
(332) 258-8495
Communications Manager
Duane Morris LLP
Florham Park, NJ
(973) 424-2037
Communications Manager
Cavazos Hendricks Poirot, PC
Dallas, TX
(214) 573-7307
Education Director
S Mayer Law
Houston, TX
(713) 893-0339
Education Director
Barron & Newburger
Austin, TX
(512) 649-3243
Membership Relations Director
Winstead PC
Dallas, TX
(214) 745-5410
Membership Relations Director
Fox Rothschild LLP
Mount Pleasant, SC
(864) 751-7652
Newsletter Editor
ASK LLP
Saint Paul, MN
(651) 289-3846
Newsletter Editor
Thompson Coburn LLP
New York, NY
(212) 478-7200
Newsletter Editor
Genworth Financial
Stamford, CT
(203) 708-3366
Special Projects Leader
Monaco Mediation
Wilmington, MD
(302) 690-0757
Special Projects Leader
Sontchi, LLC
Wilmington, DE
(302) 252-2888