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A little wheel is spinning on this exiting-the-pandemic thing. Many stops and starts. In person vs. Zoom. However, our committee will continue to plow forward with mediating in challenging times. Bankruptcy and mediation are continually changing, and our committee adapts accordingly with insightful programs, best practices and information.

Time and timing permeate all aspects of the mediation process, including:

• When is a dispute ripe for mediation?
• When are parties receptive to evaluative feedback?
• When should a mediator’s settlement proposal be made?
• When should an apology be offered?

They can impact countless other facets of the process, too. Mediators can use the above to help guide the parties toward resolution.

“Better three hours too soon than a minute too late.”
— William Shakespeare

The Bankruptcy Code directs the trustee in “Subchapter V” small business debtor cases to “facilitate a consensual plan of reorganization.”[1] Earlier this year, the ABI Mediation and Reorganization Committees invited their members to participate in a survey to assess how this mandate has been implemented in practice. Approximately 50 ABI members responded. In this article, we share the survey results to help promote discussion of the role of facilitation in Subchapter V.

As we exit the pandemic to a new beginning with soon-to-be-“in-person” events, the Mediation Committee is on a mission to join in on the happenings.

Wanted: Mediation Committee Leaders

The Mediation Committee continues to make things happen, notwithstanding the pandemic.

Education

The Mediation Committee has been working nonstop since our last newsletter.

Education: ABI’s Winter Leadership Conference (WLC) will be virtual this year. The Mediation and International Committees will be presenting a joint program as part of the WLC on Thursday, December 3, at 4:00 p.m. ET titled, Peace Bridge or Bridge of Sighs: Cross-Border Mediation of Insolvency Related Disputes. The esteemed panel consists of: