Just when we thought we were in the clear from this COVID thing, we have been experiencing another not-so-small blip; however, this go-around there has not been a shutdown (yet). Even with the stops and starts, our Mediation Committee remained active. We have increased our committee membership and participation in committee leadership. We presented at the in-person and virtual inclusive ABI Winter Leadership Conference. We submitted our ABI annual report, which reflected how active our committee has been — even in comparison to pre-COVID times. How adaptive we can be.
Join our Mediation Committee and listen, learn about and provide input on the changing times of mediation.
Upcoming Annual Spring Meeting 2022
The committee has submitted a program proposal for Annual Spring Meeting 2022 titled, “How Stress and Remote Work Affect Mediation.” The program will be in two parts. In the first part, Dr. Bruce Rabin will talk about the mental and physical effects of stress and discuss skills that will minimize the effect of stress, with a question-and-answer period to follow. The particular focus will be on the influence the pandemic has had on stress in client relations and decision-making regarding the resolution of disputes. Dr. Rabin will explore concepts of isolation, changes in behavior and health due to the pandemic, and how negotiation strategies for in-person or remote mediations are affected by this type of stress. Dr. Rabin comes highly recommended by judges who have heard him speak on topics related to stress and stress management for the Federal Judicial Center and at circuit conferences. The second part of the program will be a discussion by two experienced mediators on how the factors Dr. Rabin discussed have affected mediation, using stories from the trenches.
Newsletter Article
This quarter, our own Mo Bauer of Duane Morris LLP decided to take a stab at an article. Mo advises that New Jersey’s local rules for mediation require continued mediation training. Mo has found that an abundance of differing skills programs is offered, and he explored examples of such offerings for our readers.
Winter Leadership Conference
At the 2021 Winter Leadership Conference, held Dec. 9-11 at Rancho Palos Verdes, Calif., the Mediation Committee and the Young and New Members Committee presented a program titled, “Prepping for Success: The Keys to Maximizing the Mediation Process.” The panelists included Jerry Markowitz (Markowitz Ringel; Miami), Isley Gostin (WilmerHale; Washington, D.C.), Dan Schimizzi (Whiteford Taylor Preston; Pittsburgh) and Edward Schnitzer (Montgomery McCracken; New York). The program was geared for both experienced mediators and trial lawyers, and focused on the importance of and methodology for preparing for mediation, how counsel prepares a client for mediation, and how mediation prep differs from trial prep. The program took place on Saturday morning, was well-attended, and generated significant audience participation.
At WLC, our new Membership Director, Isaac Rothschild of Tucson, Ariz.’s Mesch Clark Rothschild, organized an informal gathering of Mediation Committee members and member prospects before our program to share the value-add that our committee and programs provide for mediators and mediation participants. Whiskey was tasted, and a good time was had by all.
A Year in Review: 2021
Our committee did not stand still in 2021. In addition to our WLC presentation, we presented at ASM 2021 (in concert with the Ethics and Professional Compensation Committee) a program titled, “When Mediation Gets Messy: Ethical Dilemmas.” We also presented an abiLIVE webinar titled, “Facilitation Skills for Subchapter V Trustees.” In addition, we conducted a survey assessing how the subchapter V trustee mandate to “facilitate a consensual plan of reorganization” is being implemented in practice.
We thank our panelists for their participation in the WLC and other programs presented by our Committee: B. Summer Chandler (Southern University Law Center; Baton Rouge, La.), Russell M. Blain (Stichter, Riedel, Blain & Postler P.A.; Tampa, Fla.), C. Edward Dobbs (Parker, Hudson, Rainer & Dobbs LLP; Atlanta), Hon. Joan N. Feeney (ret.) (JAMS; Boston), Jerry Markowitz (Markowitz Ringel; Miami), Isley Gostin (WilmerHale; Washington, D.C.), Dan Schimizzi (Whiteford Taylor Preston; Pittsburgh) and Edward Schnitzer (Montgomery McCracken; New York). The success of our committee and these events could not happen without each of you volunteering your time. Thank you again.
Our newsletter included articles by Prof. Ishana Tripathi of the Jindal Law School in New Delhi, India, titled “Corporate Insolvency Mediation for an Indian Classroom”; by Hon. Louis Kornreich (ret.) (Bernstein Shur; Portland, Maine), David Mawhinney (Bowditch & Dewey; Framingham, Mass.) and Donald Swanson (Koley Jessen PC; Omaha, Neb.) on “Observations of the Survey of Facilitation by Subchapter V Trustees”; and by Sylvia A. Mayer (S. Mayer Law PLLC; Houston) titled, “Is Timing Everything in Mediation?”
Our members also authored several articles for the ABI Journal’s Mediation Matters column, which included “The Indian Viewpoint on Mediation” by Prof. Ishana Tripathi of the Jindal Law School in New Delhi, India; “Mediation Allowed a Complex Dispute to Be Resolved Without Protracted Litigation” by Leslie A. Berkoff (Morrit Hock & Hamroff LLP; New York) and Jeffrey T. Zaino (American Arbitration Assn.; New York); “Mandated Mediation: An Effective Dispute Resolution Tool” by Donald Swanson (Koley Jessen PC; Omaha, Neb.); and “Mediation: How Litigators Can Maximize a Unique Opportunity” by Leslie A. Berkoff and Connor Bifferato (The Bifferato Firm PA; Wilmington, Del.).
In 2021, we continued with our presentation of weekly listserv topics through the very popular “Dear Ed & Connor” (now “Dear Connor and Russ”) listserv column for our members to chime in. Responses waned by year’s end, probably due to more in-person interactions and online fatigue. We are in the process of revamping for 2022. Stay tuned.
Membership in our committee continues to increase. In early 2021, we hosted an ABI Virtual Happy Hour and made a short presentation on the committee’s activities. In late 2021, we invited our new members to join committee leadership in its monthly leadership meeting. The purpose for the requested participation was to learn the drivers behind the committee, exchange ideas, and encourage members to become the next leaders of the committee.
Future Webinars and Programs
The committee is actively seeking input on and participation from our members in future programs. Preliminary topics of interest include (1) mediation ethics, (2) mediation in consumer cases and (3) mediation skills training. Ideas are welcome; please submit them to our leadership team.
As we do every quarter, we thank our leadership: Co-Chairs Judith Elkin and Hon. Louis Kornreich; Communications Managers (listserv) Ian Bifferato and Russ Blain; Education Directors Hon. Judith Fitzgerald, Ed Schnitzer and Chris Candon; Membership Relations Directors Frank Monaco and Issac Rothschild; Special Projects Leaders Donald Swanson and Emily Wall; and Newsletter Editors Michael Riela and Mo Bauer. The success of our committee is due to their respective voluntary time and effort, and to your reading our materials and joining our active and creative committee. Please don’t hesitate to contact any of us to explore our continued happenings and to find ways to become involved with our happening committee.