This article first appeared in the Maine Lawyers Review, June 18, 2020.
Mediation Committee
Committees
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.
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.
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