We had a very productive business meeting at ABI’s Annual Spring Meeting, where we discussed a number of issues, including:
- presenting local programs to educate lawyers and judges about mediation;
- creating an ABI membership list of mediators;
- assisting ABI/St. John’s University to create a one-day advanced program connected to a regional or national ABI program;
- encouraging participation of consumer mediators; and
- the new leadership for the two-year term commencing April 22, 2018, as follows:
Mr. Jerry M. Markowitz | Co-Chair
Markowitz, Ringel, Trusty + Hartog, P.A.; Miami
(305) 670-5000
Mr. Scott Y. Stuart | Co-Chair
Esquify, Inc.; Chicago
(917) 558-6922
Mr. Francis A. Monaco, Jr. | Education Director
Equity Partners HG; Easton, MD
(866) 969-1115
Ms. Leslie Ann Berkoff | Education Director
Moritt Hock &; Hamroff LLP; Garden City, NY
(516) 873-2000
Hon. Judith K. Fitzgerald | Newsletter Editor
Tucker Arensberg, P.C.; Pittsburgh, PA
(412) 559-2987
Mr. Scott K. Brown | Newsletter Editor
Lewis Roca Rothgerber Christie LLP; Phoenix
(602) 262-5321
Ms. Judy W. Weiker | Communications Manager
Manewitz Weiker Associates, LLC; Indianapolis, IN
(973) 768-2735
Mr. Donald L. Swanson | Communications Manager
Koley Jessen; Omaha NE
(402) 390-9500
Hon. Louis H. Kornreich | Special Projects Leader
Bernstein Shur; Bangor, ME
(207) 852-1608
Mr. John G. Loughnane | Special Projects Leader
Nutter McClennen &; Fish, LLP; Boston MA
(617) 439-2521
Mr. Christopher M. Candon | Membership Relations Director
Sheehan, Phinney, Bass + Green; Manchester, NH
(603) 627-8168
Ms. Carollynn H.G. Callari | Membership Relations Director
Callari Partners LLC; New York
(212) 202-3055
Mr. Russell M. Blain | Membership Relations Director
Stichter, Riedel, Blain &; Postler, PA; Tampa
(813) 229-0144
We offer a special thanks to all of our new and former leaders, particularly Rick Mikels, our former co-chair, for his guidance and leadership in advancing the work of the Mediation Committee.
We also congratulate Don Swanson for being honored as this year’s ABI Committee Leader of the Year for his amazing and tireless efforts on the listserve in 2017. This is a wonderful and well deserved recognition.
Jerry Markowitz
Scott Stuart
Co-Chairs
Report of Leslie Ann Berkorff on the “Mediation Matters” Column in the ABI Journal
Since April 2017, the Mediation Committee has published a Mediation Matters column. This column is a product of the committee, which is dedicated to increasing the use of mediation in bankruptcy courts and related forums, as well as enhancing the knowledge base of both mediators and advocates involved in mediation. The following articles have been published thus far: “The Importance of the Right Mediator,” Leslie Berkoff, May 2017; “Achieving the Balance Between Absolute Neutrality and the Desires of Participants in Bankruptcy Mediation,” Judge Louis Kornreich, May 2017; “Mediating Cybersecurity Disputes in Distressed Circumstances,” John G. Loughnane, July 2017; “How Confidential Are Mediation Communications?,” Raymond T. Lyons, August 2017; “Lawyer Ethics in Settlement Negotiations,” Ed Dobbs, September 2017; “Insolvency and Mediation Around the Globe: A Slow Brew,” Jacob A. (Jack) Esher, October 2017; “The Continuing Value of the Joint Session in Mediation,” Leslie Berkoff, November 2017; “The Role of Resolution in Resiliency,” John G. Loughnane, January 2018; and “Maximizing Mediation Success: Going Beyond the Requirements of the Model Rules,” Christine E. Devine, April 2018. We are actively soliciting articles for 2019 (although a spot may be free at the end of 2018). All topics have to be pre-approved by ABI. To propose a topic, please contact Leslie Berkoff.
Report from Don Swanson on the Appearance of John Loungnane and Lou Kornreich Before the ABI Consumer Commission
Congratulations to John Loughnane and Lou Kornreich for their presentation on behalf of the Mediation Committee on April 20, 2018, to the ABI Commission on Consumer Bankruptcy at the Annual Spring Meeting in Washington, D.C., and thanks for their work on compiling information into a written report submitted last month! They’ve presented both empirical evidence and practical benefits for encouraging mediation in consumer cases. Superb job, John and Lou! Well done, and thank you!!
Statement of the ABI Mediation Committee Prepared for the ABI Commission on Consumer Bankruptcy
The “Statement of the ABI Mediation Committee Prepared for the ABI Commission on Consumer Bankruptcy,“ prepared by John Loughnane with assistance from many members of the Mediation Committee, is available for review. The appendix to the Statement has links to several sources regarding the experience of mediation programs around the country.
We are hopeful that the Consumer Commission will consider how mediation may impact consumer cases around the country. Our committee strongly urges the Commission to recommend that each district fashion a mediation program that meets its needs and culture.
Report by Mark Felger on the Recent May 15, 2018, Webinar on Confidentiality in Mediation
Panelists, former bankruptcy judge and mediator Louis Kornreich and mediator Judy Elkin, and moderator (and also mediator) Mark Felger, explored the issues of confidentiality and privilege in bankruptcy mediations. The panel discussed the current landscape for what may be the most critical component to the success of a mediation; and delved into what parties and courts are, and/or should be, doing to protect and preserve parties' reasonable expectations regarding the confidentiality of all that is said and exchanged during the course of a bankruptcy mediation. The full recording of this webinar can be accessed in the eLearning Center online.