July 7 - Members and Subscribers - Welcome to the new and improved abi.org! - If you have not already done so, please reset your ABI password to access the site. Click "Login" and then "Forgot Password"
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?”
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.
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.
