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In a recent decision, a bankruptcy judge remarked that “the Court’s preferred remedy would be requiring the parties to ‘hug it out.’” [1] Sadly, the judge lamented that “jurisdictional limits restrict the Court to ruling only on the dischargeability of the debt,” and he did not force the estranged family members to embrace.
This panel will discuss mediation in mass-tort/multiparty cases such as Puerto Rico, Purdue, Boy Scouts andthe various religious institutions that have filed for bankruptcy. The panelists will highlight mediating tortclaims that have emotional and non-monetary components, such as sexual abuse; issues regarding nondebtor-related entity property and contributions; and liquidation concerns in a religious institutionbankruptcy.
Based on his distinguished 45-year career dealing with stress and human health, Dr. Bruce Rabin will present a timely program identifying the mental and physical effects of stress, and will introduce skills that can be used to minimize those effects. He will explore the concepts of isolation, changes in behavior and health due to the pandemic, and how negotiation strategies for in-person or remote mediations, client relations and decision-making are affected by stress.
This panel will explore the various roles of neutrals in bankruptcy, including applicable provisions of the Bankruptcy Code and Rules, as well as the limitations on the use of neutrals in bankruptcy. Examples of neutral roles in bankruptcy include mediators, fee examiners, subchapter V trustees, and mass tort personal-injury plan administrators. Limitations on the use of neutrals in bankruptcy can be found in Bankruptcy Rule 9031, and there is growing support to modify the rule to eliminate this limitation.
The ABI Mediation Committee’s “Look Ahead to 2023” presentation began with a summary of the Committee focus areas, an introduction to Committee leadership and highlights of the benefits of committee membership, such as our active listserv discussions, opportunities to write for our newsletter, and networking events at ABI conferences throughout the country.
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.
