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. The history of its development, as well as the specific structure of the program, make it the premier mediation training for anyone involved in bankruptcy-focused mediations. The program provides a truly unique training experience for bankruptcy professionals, advocates, client representatives and/or mediators.
The ABI/St. John’s University School of Law 40-Hour Mediation Training Program was initially developed in 2009 by a distinguished advisory group culled by ABI and consisting of 11 bankruptcy Judges from around the country. The program was developed under the supervision of Prof. Elayne Greenberg, director of The Hugh L. Carey Center for Dispute Resolution at St. John’s Law School, along with other faculty from both St. John’s Law School and ABI. This was the first, and remains the only, bankruptcy-focused mediation training program. The advisory board have included the following distinguished bankruptcy judges: Hon. Cecelia G. Morris, Chief Bankruptcy Judge for the Southern District of New York; Hon. Elizabeth S. Stong, a bankruptcy judge for the Eastern District of New York; Hon. Kevin Gross, a bankruptcy judge for the District of Delaware; Hon. Barbara J. Houser, Chief Bankruptcy Judge for the Northern District of Texas; Hon. William Thurmond Bishop, a retired Chief Bankruptcy Judge for the District of South Carolina; Hon. David Houston, a retired bankruptcy judge for the Northern District of Mississippi; Hon. James D. Gregg, a bankruptcy judge for the Western District of Michigan; Hon. Barry Russell, a bankruptcy judge for the Central District of California; Hon. John K. Olson, a bankruptcy judge for the Southern District of Florida; Hon. Jeffery P. Hopkins, Chief Bankruptcy Judge for the Southern District of Ohio; Hon. Elizabeth L. Perris, a retired bankruptcy judge for the District of Oregon; and Hon. Joan N. Feeney, a bankruptcy judge for the District of Massachusetts.
The program took more than two years to develop, spearheaded by the program’s advisory board, which took time to interview ABI lawyers, financial advisors and trustees, all of whom shared their insights about bankruptcy mediation and the key areas where training was required. In creating the program, the particular unique ethical issues that arise within bankruptcy-related disputes were addressed, and particular focus was given to the specific needs of bankruptcy cases and bankruptcy courts in conducting mediations.
Among other key features is the recognition that unlike in other arenas, the need to be cost-efficient and time-efficient in the process may be a paramount concern. The ABI program recognizes that bankruptcy mediations take place within a context where there is a desire for the parties to resolve their own disputes, but this may be impacted by other deadlines, costs and needs of other parties and the process. A bankruptcy mediator has to manage these tensions as they assist parties toward resolution, and they must do this in a way that complies with the real deadlines of a case and employs cost-effective measures.
Moreover, the format of the training has some unique aspects. It is not simply just a lecture-based program. Rather, it includes multiple days of hands-on simulations that allow participants to practice what they learn from various training modules. The training provided by this program incorporates real-life bankruptcy simulations that are not available in other training programs. This program confronts real practice issues and provides key practice skills and pointers targeted at the bankruptcy practitioner. Other mediation programs do not address the unique issues that bankruptcy mediators have to be able to effectively handle. Further, the coaches who participate in the training are all experienced bankruptcy practitioners and respected bankruptcy mediators in their own rights. The result is that throughout the training process, participants receive industry-focused lessons and practice pointers addressing the key issues involved within bankruptcy cases.
One additional highlight of the training includes the various distinguished members of the bench who often appear to guest lecture on hot topics or cutting-edge issues arising in the areas of both mediation and bankruptcy. Another important distinguishing feature of this program is that all of the participants are bankruptcy practitioners; nonbankruptcy lawyers are simply not admitted into the training. The purpose in fostering and cultivating this specific pool of participants is to ensure that the learning environment remains concentrated on the key nuances of the bankruptcy industry. It is also important because the participants are then learning within an environment that mirrors the group of professionals that they will be working with during a bankruptcy mediation. An outgrowth of keeping the participant pool industry-focused is the inherent development of a personal network of professionals who can refer work to each other and turn to each other for guidance and support going forward.
Even if you don’t want to serve as a mediator, there is a benefit to taking the course. For example, maybe you just want to serve as, or do serve as, an advocate in the mediation process or a party representative. Beyond the mediation skills you can learn, participants such as advocates and trustees have obtained insight into how mediators conduct a mediation and insight into how they might hone their own advocacy skills to advance their clients' interests during a bankruptcy mediation.
Another key benefit of this program is that at the end of the program, participants receive guidance as to how to build and develop their own mediation practices. The faculty members spend time assisting each participant in this process, and there is ongoing consultation available for each person as to how they can develop their own mediation practices. The goal at the end of the day is to guide program graduates in marketing their practices after the course. The ongoing nature of the program even extends to participants being able to reach out after the training process to the teachers and coaches for guidance and support as they develop their mediation careers.
So why take a bankruptcy mediation class now? The world of bankruptcy practice has changed. Cases have gotten more complicated, and practitioners who may not be as adept and versed in bankruptcy laws have entered the fray and are making it more difficult to resolve cases. Bankruptcy mediation training helps to deal with both complex cases and others involved in cases who don’t have the history and experience of settling cases.