We are privileged to have observed many talented predecessors with years of dedicated service to ABI and the Mediation Committee during our time as co-chairs. We also have had the good fortune to work with very competent subcommittee directors. Several of our directors are seasoned hands, while others are relative newcomers. They are all skilled professionals who devote many hours each month to the endeavors of the Mediation Committee for the benefit of the entire ABI Community.
The Mediation Committee presented several great CLE sessions this summer at regional bankruptcy workshops around the country. In addition, the committee just presented a fantastic CLE program at ABI’s Winter Leadership Conference this past weekend, which we will summarize in the next newsletter.
“[M]ediation provides a vital alternative to litigation;” its benefits “include its cost-effectiveness, speed, and adaptability.” [1] But despite these benefits, many litigants only turn to mediation to resolve their disputes after filing a lawsuit rather than before. Litigants who fail to consider whether pre-suit mediation may work for them may be missing out on a valuable opportunity to settle their cases efficiently and privately.
Our committee has been quite active during the last few months!
Retired Bankruptcy Judge Louis Kornreich has been a mainstay for the ABI Mediation Committee for many years and now serves as a co-chair. As a U.S. Bankruptcy Judge, he was respected for his innovative approach to solving problems that crop up in cases by employing mediation-like skills to help parties resolve their disputes without using the full panoply of litigation tools. He has been an ardent supporter of ADR processes for decades, before, during and after his career on the bench.
As bankruptcy cases of all types continue to be filed in record numbers, the use of mediation is increasing. This trend is likely to continue. This article focuses on the concepts that a lawyer must know and actions that he/she should take to avoid or overcome an impasse in mediation. The obstacles to reaching a settlement vary with each case.
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.
In late 2020, I received a letter from the judge who presides over the New Jersey Bankruptcy Court’s mediation program inquiring as to whether I satisfied New Jersey’s annual mediation skills requirements. I immediately asked myself, “What requirements?”