Our committee has been quite active during the last few months!
2022 Annual Spring Meeting
During ABI’s Annual Spring Meeting in April, the committee presented a program titled, “How Stress and Remote Work Affect Mediation,” in which Dr. Bruce S. Rabin, a professor of pathology at the University of Pittsburgh School of Medicine, spoke about the mental and physical effects of stress and discussed skills to help minimize the effect of stress. Dr. Rabin was 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.
Dr. Rabin explained the health effects of stress. For example, he discussed how our brains sense stress, and how stress affects our brains. Among other things, stress causes the release of a hormone called cortisol that inhibits our ability to focus, to think clearly and to act rationally. Dr. Rabin also told us how reducing stress can reduce your cholesterol levels.
Dr. Rabin gave us several strategies to mitigate the effects of stress, including meditation, having positive social interactions (as Dr. Rabin said, “loneliness kills”), being physically active (walking at a relatively fast pace works wonders), having a sense of humor, participating in religious or other calming activities, writing about the issues that are causing stress, and being optimistic. Dr. Rabin noted that people who are high in optimism tend to be much healthier than those who are low in optimism.
Separately, during the ASM, our committee organized an informal gathering of members and member prospects. Everyone had a great time!
May 26 Webinar
On May 26, the committee presented a 75-minute webinar titled, “How Stress and Remote Work Affect Mediation: Part Two,” during which Retired Bankruptcy Judge Judith Fitzgerald moderated a lively discussion with panelists Judith Elkin, Emily Wall, Connor Bifferato and Michael Riela. The participants discussed the pros and cons of remote mediation, which has forced mediators to adapt their skills to an environment where the parties are not in the same room. The panelists also discussed the benefits and difficulties that remote mediation presents, and how remote mediation affects participants’ decision-making processes.
Results of Our Remote Mediation Survey
The committee recently conducted a survey of its members regarding their thoughts about remote mediation, and whether it is here to stay in some hybrid fashion. The results of the survey are below. How do your own answers compare with those given by the survey participants?
Question 1: What do you think is the greatest benefit of virtual mediations?
- Increased participation: 24%
- Lower cost: 22%
- Convenience: 20%
- Increased potential to lengthen the mediation session: 13%
- Access to a nationwide pool of potential mediators: 13%
- Other: 8%
Question 2: What do you think is the most significant drawback to virtual mediations?
- Lack of formality: 19%
- Lack of face-to-face interaction: 18%
- Distractions: 18%
- Convenience disincentivizes prompt settlements: 16%
- Technology difficulties: 14%
- Increased risks to confidentiality: 11%
- Other: 4%
Question 3: Do you think future mediations should be done virtually, in person, or hybrid?
- Mediators should conduct either an in-person or virtual mediation, depending on the facts and circumstances of the particular mediation (i.e., case by case): 85%
- All future mediations should have both a virtual and in-person option (each mediation should be hybrid): 5%
- All future mediations should be in person: 10%
- All mediations should be held virtually for an indefinite period: 0%
Question 4: Have mediations succeeded more or less often when they were done virtually vs. in person?
- No difference: 70%
- Virtual mediations were more successful: 20%
- Virtual mediations were less successful: 10%
Article: A Conversation with Hon. Louis Kornreich (ret.)
Retired Bankruptcy Judge Louis Kornreich has been a mainstay for the committee for many years and now serves as its co-chair. In “A Conversation with Hon. Louis Kornreich (Ret.),” written by Retired Bankruptcy Judge Judith Fitzgerald, Judge Kornreich discusses settlement processes and why they are important aids to litigators and judges in resolving problems. Also included in this newsletter is Judge Kornreich’s recent ABI Journal article, “Avoiding or Overcoming an Impasse in Mediation,” in which he focused on the concepts that a lawyer must know and actions that he or she should take to avoid or overcome an impasse in a mediation.
“Other Judges’ Cases”
Recently, Prof. Melissa B. Jacoby, the Graham Kenan Professor of Law at the University of North Carolina at Chapel Hill, prepared an article titled, “Other Judges’ Cases.” She examines situations where a presiding judge directs parties to participate in negotiations that are overseen by another sitting judge, who is often labeled a “mediator.” You can view Prof. Jacoby’s article at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4021455.
New Committee Leadership
We welcome our committee’s leadership team for April 2022–April 2023:
Co-Chairs: Hon. Louis Kornreich (ret.) and Connor Bifferato
Education Directors: Sylvia Mayer, Steve Sather and Edward Schnitzer
Newsletter Editors: Kara Casteel, Joseph Orbach and Michael Riela
Communications Directors: Mo Bauer and Russell Blain
Special Projects Directors: Hon. Christopher Sontchi, Emily Wall and Frank Monaco
Member Relations Directors: Annmarie Chiarello and Isaac Rothschild
Immediate Past Chair: Judith Elkin
We thank our leadership team from the 2021-22 year for their many contributions. That team consisted of Co-Chairs Judith Elkin and Hon. Louis Kornreich (ret.); Communications Managers (listserv) Ian Bifferato and Russ Blain; Education Directors Hon. Judith Fitzgerald (ret.), Edward Schnitzer and Chris Candon; Membership Relations Directors Frank Monaco and Isaac Rothschild; Special Projects Leaders Donald Swanson and Emily Wall; and Newsletter Editors Michael Riela and Mo Bauer.
Call for Articles!
We are always looking for timely articles to include in our committee’s newsletters. If you would like to submit an article for publication in an upcoming newsletter, please contact Mike Riela at riela@thsh.com or (212) 508-6773.
Ideas for Future Webinars and Programs
The committee is actively seeking input on and participation from our members in future programs. Topics can include mediation ethics, mediation in consumer cases and mediation skills training. Ideas are welcome. Please submit your ideas and suggestions to our leadership team.
Please Join Our Committee!
Finally, we encourage all ABI members to join our committee to listen, learn about and provide input on the changing times of mediation in bankruptcy.
Enjoy your summer!
Kara, Joe and Mike