Many courts have noted the unique role of the subchapter V trustee to facilitate the development of a consensual plan, somewhat akin to a mediator’s role, which is in contrast with the roles of other types of bankruptcy trustees that “tend to be adversarial to the debtor by virtue of their duties to protect the bankruptcy estate and its creditors.”
On July 1, 2022, Italy implemented a new legal mechanism aimed at preventing financial distress and corporate insolvency. This development represents a significant milestone in the broader reform of Italian insolvency law.
The Mediation Committee is off to a strong start in 2025! On March 3, 2025, the Mediation Committee hosted a webinar titled, “Amending Bankruptcy Rule 9031: Recent Efforts to Expand Bankruptcy Judges’ Toolboxes.” It featured Hon. Michael B. Kaplan (D. N.J.), Merril Hirsh of the Academy of Court-Appointed Neutrals and Sylvia Mayer of S.
Between local rules establishing mediation confidentiality [1] and Federal Rules of Evidence (FRE) 408 and 501, most assume that mediation is privileged and confidential, but that might not always be the case.
In In re City of Detroit, Michigan, [1] the Michigan Department of Attorney General (the “Department”) found itself in hot water over its disclosure of certain confidential documents to defendants in their criminal cases arising out of the Flint water crisis (the “Flint Defendants”).
Greetings from the Mediation Committee! As 2023 has now drawn to a close, and we hope all of our members enjoyed a very happy holiday season! Here’s a report of committee events for the last quarter of 2023, and we hope to see all of you at the Annual Spring Meeting in 2024.
Hopefully you have had a chance to listen to ABI’s latest podcast featuring our very own Edward Schnitzer of Womble Bond Dickinson (New York) and Connor Bifferato of The Bifferato Firm (Wilmington, Del.).
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 discusses the role of the subchapter V trustee, the parallels with mediation, and the meaning of "facilitating the development of a consensual plan."
This webinar will discuss efforts currently underway to amend Bankruptcy Rule 9031 to expand judges’ toolboxes and allow for the appointment of special neutrals (a.k.a. special masters), and will focus on practical considerations in evaluating such an amendment.
Using the current proposed amendments to Bankruptcy Rule 9031 as an example, this panel will provide an overview on how to add, delete or revise the Bankruptcy Rules from concept to a successful enacted rule change.
This panel will discuss the ins and outs of mediating consumer bankruptcy issues, including the types of issues typically mediated, selecting a mediator, and special considerations involved.
Join us for an exhilarating exploration of the dynamic world of mediation and arbitration in restructuring and insolvency cases across common law and civil law jurisdictions. This abiLIVE webinar will delve into the different (supra)national legal frameworks shaping these processes, uncovering when and why mediation and arbitration is a game-changer, especially for cross-border and parallel proceedings. The panelists also will discuss types of mediators and selecting the most "effective" mediators based on case nuances and necessary interventions in the conflict.
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.
Conducted in a Q&A format, this webinar will feature a series of mediation hypotheticals/questions presented to Mediation Committee Co-Chair Connor Bifferato and Education Director Edward Schnitzer for discussion and/or debate.
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.
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.
