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On June 12, 2017, the American Bar Association’s Section of Dispute Resolution published its “Report of the Task Force on Research on Mediator Techniques.” Notably, this report makes no reference to any research on bankruptcy mediation — not even a single study.
The Mediation Committee looks forward to another productive year. Our ABI-published mediation book, Bankruptcy Mediation, is an excellent resource for mediators and representatives of parties in mediation. The book has an impressive list of authors and does a great job of covering the issues a reader would want to learn about. We hope you saw it at the Annual Spring Meeting and either bought the book from ABI or at least looked over its content.
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
We are pleased to report that many bankruptcy judges responded to our survey on the use of mediation in their courts. The response rate was 26 percent, and we are told this is a very high rate of return. We appreciate the time and effort each of the participating judges expended in this effort and hope you will find this summary of results to be useful.
The Mediation Committee had a tremendous 2016! We strived to continue to provide our members with enlightening and useful substantive information while also offering enjoyable and valuable social and networking opportunities.
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.
