Every once in a great while, a group of people perform a voluntary service of hard and diligent effort that produces a result of excellence and provides great value to others. That is precisely what a small group of people did in creating model local rules and supporting commentary on bankruptcy mediation.
Mediation training has ventured into mindfulness, a contemplative practice that teaches mediators to develop a sense of calm. One benefit of this practice is evident when the energy in the mediation session is less than positive. With this technique, the mediator can assess how to re-focus that energy in a way that best assists the parties in reaching a resolution of their dispute. I’ve attended three training sessions. Before the first one, being the skeptic that I sometimes am, I thought the training would not prove to be the best use of my time.
ABI’s Mediation Committee, under the current leadership of Leslie Berkoff and John Loughnane, presented the first “Portable Mediation Program” at Suffolk Law School in Boston on May 9, 2019. The program was designed by Lou Kornreich and John Loughnane as co-chairs of the committee’s Special Projects subcommittee.
ABI has been running a mediation training program in conjunction with St. John’s Law School each December for the past nine years. This program stands apart from other programs that are available for training in a more generalized capacity. The history of its development, as well as the specific structure of the program, make it the premier mediation training for anyone involved in bankruptcy-focused mediations.
In the last edition of this newsletter, Ed Schnitzer provided us with an excellent summary of the how and when a mediator may determine the absence of good faith. With an eye on topics of interest, Don Swanson republished Ed’s article on his weekly blog with an invitation for comment. I did just that and my response elicited further comment from many colleagues. Judi Fitzgerald has invited me to restate my concerns in this brief article to stimulate further inquiry and discussion on this important topic.
ABI has been running a mediation training program in conjunction with St. John’s Law School each December for the past nine years. This program stands apart from other programs that are available for training in a more generalized capacity. The history of its development, as well as the specific structure of the program, make it the premier mediation training for anyone involved in bankruptcy-focused mediations. The program provides a truly unique training experience for bankruptcy professionals, advocates, client representatives and/or mediators.
You were just recently selected as the mediator in a large chapter 11 case, and the judge happily approved your selection. You prepare, you schedule, and you then look forward to what you believe will be a successful mediation session.
Alas, it is not to be. The mediation is not only unsuccessful, but at least one party may not have participated in good faith. What do you do? The answer to that question may depend on what court you are appearing before, the rules set forth in the general and/or case-specific ADR order, and the nature of the conduct of the offending party.