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ABI Journal

Mediation

Is My Mediation Privileged and Confidential?

Between local rules establishing mediation confidentiality [1] and Federal Rules of Evidence (FRE) 408 and 501, most assume that mediation is privileged and confidential, but that might not always be the case.

Mediation of Consumer Bankruptcy Issues

This panel will discuss the ins and outs of mediating consumer bankruptcy issues, including the types of issues typically mediated, selecting a mediator, and special considerations involved.

Unraveling ADR in Restructuring & Insolvency Cases: A Global Perspective

Join us for an exhilarating exploration of the dynamic world of mediation and arbitration in restructuring and insolvency cases across common law and civil law jurisdictions. This abiLIVE webinar will delve into the different (supra)national legal frameworks shaping these processes, uncovering when and why mediation and arbitration is a game-changer, especially for cross-border and parallel proceedings. The panelists also will discuss types of mediators and selecting the most "effective" mediators based on case nuances and necessary interventions in the conflict.

Two Recent Cases on Mediation Highlight the Importance of Heeding Confidentiality Requirements

In In re City of Detroit, Michigan[1] the Michigan Department of Attorney General (the “Department”) found itself in hot water over its disclosure of certain confidential documents to defendants in their criminal cases arising out of the Flint water crisis (the “Flint Defendants”).

Co-Chairs’ Corner

Greetings from the Mediation Committee! As 2023 has now drawn to a close, and we hope all of our members enjoyed a very happy holiday season! Here’s a report of committee events for the last quarter of 2023, and we hope to see all of you at the Annual Spring Meeting in 2024.

Co-Chairs’ Corner: 2023 Mediation Committee Activity Report

Mediation Committee Leadership

  • Committee Chairs: Connor Bifferato and Edward Schnitzer
  • Communications: Mo Bauer and Emily Wall
  • Education: Sylvia Mayer and Steve Sather
  • Member Relations: Annmarie Chiarello and Kevin McCarrell
  • Newsletter: Joseph Orbach and Kara Casteel
  • Special Projects: Hon. Christopher Sontchi (ret.) and Frank Monaco

Planning Meetings

Dear Connor & Ed: The Live Webinar Version

Conducted in a Q&A format, this webinar will feature a series of mediation hypotheticals/questions presented to Mediation Committee Co-Chair Connor Bifferato and Education Director Edward Schnitzer for discussion and/or debate.

Mediation Committee Co-Chairs Examine Confidentiality During Inaugural “Reframing Mediation” Podcast

Hopefully you have had a chance to listen to ABI’s latest podcast featuring our very own Edward Schnitzer of Womble Bond Dickinson (New York) and Connor Bifferato of The Bifferato Firm (Wilmington, Del.).