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Compendium of Local Bankruptcy Court Mediation Rules

In 2009, I had a summer intern and together we spent the entire summer compiling an outline summarizing the contents of local rules concerning the use of mediation and other ADR processes in bankruptcy courts throughout the nation (I did some other stuff too like having lunch in the park instead of at my desk).  This was long a project on the bucket list of the former ADR Committee of the American Bankruptcy Institute.  My favorite part was calling it a Compendium.  It was updated in mid-2013, catching the revisions of the Delaware rule that had just come out, but it hasn’t b

Developments in International Mediation

Mediation is receiving an increasing amount of attention in international commercial matters, including cross-border insolvency and restructurings. The global nature of business enterprises today, with exposure to litigation — and its expense and risk — in more than one forum, is a compelling reason to pursue mediation as a solution to contentious disputes. A recent International Bar Association Mediation Committee Newsletter states, “The alternative dispute resolution (ADR) for the new generation is consensual.

Bankruptcy Mediation – New publication by ABI Mediation Committee Available Through the Bookstore

The Mediation Committee is pleased to announce a new ABI publication: Bankruptcy Mediation. ABI last published a book about mediation in 2009. Since then, the application of mediation to all aspects of the bankruptcy process has grown exponentially. As of 2016, numerous Bankruptcy Courts have adopted local rules on mediation and many have pre-certified panels of mediators. As the result of the skillful application of mediation, numerous issues have been resolved economically.