Mediation Committee

Committees

Post date: Thursday, October 06, 2016
Photo of Jacob A. (Jack) Esher
Jacob A. (Jack) Esher

Mediation is receiving an increasing amount of attention in international commercial matters, including cross-border insolvency and restructurings. The global nature of business enterprises today, with exposure to litigation — and its expense and risk — in more than one forum, is a compelling reason to pursue mediation as a solution to contentious disputes.

Post date: Tuesday, July 19, 2016

The Mediation Committee is pleased to announce a new ABI publication: Bankruptcy Mediation. ABI last published a book about mediation in 2009. Since then, the application of mediation to all aspects of the bankruptcy process has grown exponentially. As of 2016, numerous Bankruptcy Courts have adopted local rules on mediation and many have pre-certified panels of mediators.

Post date: Tuesday, July 19, 2016

“In my mind, there was a stigma attached to bankruptcy. Bankruptcy meant weakness, failure . . . that you weren’t able to take care of yourself and your family on your own, as a man,” Jose Miranda told us.

Post date: Thursday, June 09, 2016

In Ozenne v. Chase Manhattan Bank (In re Ozenne), a majority of the U.S.

Post date: Thursday, June 09, 2016

In recent years, bankruptcy judges — including the co-author of this article — have been mediating cases with more frequency. Parties in bankruptcy-related disputes often request that one of the local bankruptcy judges mediate their cases, or in other cases, that a bankruptcy judge refer a matter to a colleague for mediation.

Post date: Thursday, June 09, 2016
Photo of Edward L. Schnitzer
Edward L. Schnitzer

In many bankruptcy courts, using mediation to resolve complex disputes, or at least narrow issues in dispute, has become commonplace.[1] In fact, in certain jurisdictions mediation of adversary proceedings is mandatory.[2] However, one recent bankruptcy court expressed disappr

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.

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Mr. Ian Connor Bifferato
Co-Chair
The Bifferato Firm
Wilmington, DE
(302) 225-7600

Mr. Edward L. Schnitzer
Co-Chair
Womble Bond Dickinson
New York, NY
(332) 258-8495

Mr. Morris S. Bauer
Communications Manager
Duane Morris LLP
Newark, NJ
(973) 424-2037

Mrs. Emily S. Wall
Communications Manager
Cavazos Hendricks Poirot, PC
Dallas, TX
(214) 573-7307

Ms. Sylvia Ann Mayer
Education Director
S Mayer Law
Houston, TX
(713) 893-0339

Mr. Stephen W. Sather
Education Director
Barron & Newburger
Austin, TX
(512) 649-3243

Ms. Annmarie Chiarello
Membership Relations Director
Winstead PC
Dallas, TX
(214) 745-5410

Mr. Michael Kevin McCarrell, Esq.
Membership Relations Director
Fox Rothschild LLP
Mount Pleasant, SC
(864) 751-7652

Mrs. Kara E. Casteel
Newsletter Editor
ASK LLP
Saint Paul, MN
(651) 289-3846

Mr. Joseph Orbach
Newsletter Editor
Thompson Coburn LLP
New York, NY
(212) 478-7200

Mr. Michael John Riela
Newsletter Editor
Genworth Financial
Stamford, CT
(203) 708-3366

Mr. Francis A. Monaco, Jr.
Special Projects Leader
Monaco Mediation
Wilmington, MD
(302) 690-0757

Hon. Christopher S. Sontchi
Special Projects Leader
Sontchi, LLC
Wilmington, DE
(302) 252-2888

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