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| vol 4, num 4 | December, 2017 |
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| A Year-End Note from your Co-chairs |
The Mediation Committee had another fun and productive year in 2017!
During 2017, our committee offered a wide variety of opportunities for ABI members to learn about timely and interesting issues facing professionals in the bankruptcy arena. The committee strives to use a variety of formats to provide opportunities to our membership: conference panels, webinars, newsletters, books, conference calls, the listserve, contributions and networking events.
- At the Annual Spring Meeting, our committee paired with the International Committee to discuss current developments in a program entitled “The Potential for, and the Challenges of, Mediation in Cross-Border Insolvencies
- For the Winter Leadership Conference, we joined with the Business Reorganization Committee for a panel discussion entitled, “Mediation at Center Stage: When to Mediate, Mediator Selection and Recent Developments Affecting Chapter 11 Mediation.
- We completed one webinar: We hosted a webinar on Mega Cases and Avoidance Actions, which was geared toward attorneys participating as advocates in mediations.
- We issued three topically focused newsletters.
- In addition to continuing to offer quality education and networking opportunities and publishing our issue-focused newsletters, the ABI book Bankruptcy Mediation, written by members of the committee, is available at the ABI Bookstore (store.abi.org).
- We also established an innovative listserve, including “Mediation Friday.” Every week, Mediation Friday discusses a current topic of interest to our members and encourages committee members’ participation in the discussion that follows. Thanks to Don Swanson for his leadership here.
- We started a column on bankruptcy mediation in the ABI Journal, Mediation Matters.
- We conducted a survey of bankruptcy judges regarding the benefits of mediation.
- We are working on special projects, including discussions about the implementation of a mediation rule as an amendment to the Federal Rules of Bankruptcy Procedure to make clear that mediation is a tool available for bankruptcy judges and to memorialize that confidentiality is protected. Also, we are considering suggesting the establishment of small meetings at regional conferences to discuss mediation topics. We have formally submitted to the Judicial Conference’s Advisory Committee on Bankruptcy Rules’ proposed changes to the Federal Rules of Bankruptcy Procedure, which, among other things, would require each bankruptcy district to have local bankruptcy rules dealing with mediation.
- We are working on the rollout of the ABI Mediation Rules.
- We have engaged in internal discussions of mediation topics.
The work of our committee is only possible because of our committee’s active and committed board and membership. We want to take this opportunity to thank all of you for your contributions and support! If you are a current member of the Mediation Committee, we hope that you continue your involvement with our committee. If you are not yet a member of our committee, we hope you will join us for 2018! |
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| Recording Available: Mediation: Mega Cases and Avoidance Actions |
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On Sept. 12, 2017, Frank Monaco, Leslie Berkoff and Scott Brown presented an ABILive webinar entitled, “Mediation: Mega Cases and Avoidance Actions.” If you missed it, the full webinar can be found online for review. Materials from the webinar can also be found online here.
The webinar is useful for both negotiators and mediators. In the mega-case context, the speakers discussed what to do if a “procedures order” has already been entered and how to make the best of an expedited mediation that usually occurs before the discovery phase of the case with mediators that are pre-selected by court order. They also discussed what makes a negotiator “great”: selecting a mediator, gathering discovery prior to mediation (and before discovery truly starts), working with the mediator, developing the right mindset and preparing clients for mediation.
Finally, the webinar went into great detail about the two basic forms of negotiation: position-based bargaining and interest-based negotiating. Position-based bargaining often leads to a “death spiral” in mediation as both parties make multiple offers miles apart with the unrealistic hope that the other side will cave in to their demands and puffery. Even if the case settles, both parties leave unhappy. By contrast, interest-based negotiating focuses on the goals of both sides and clearly defines the problem to be solved. The end result is that instead of both parties going away unhappy, both parties get what they need.
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Is there a way you can quickly peruse the Bankruptcy Code, Rules and local rules? Indeed, there is: ABI’s new and improved law.abi.org site! ABI's Law site has always been the most reliable, up-to-date online Code and Rules, but now it has a new look and brand new features.
As before, ABI members can access, annotate and bookmark the Code and Rules from any device, and Law contains all of the new amendments effective December 1. The newly designed site now also allows members to:
- view local rules for all 50 states and territories (new!);
- read corresponding pertinent Collier case updates (from LexisNexis), Rochelle’s Daily Wire analyses and cross-references from ABI’s Volo site (new!); and,
- cut and paste sections easily into documents and e-mails (new!).
Best of all, Law is portable and always current, so you can reference it whenever and wherever you need it! Visit law.abi.org today! |
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ABI is pleased to announce the inaugural class of its “40 Under40” initiative. The honorees were recognized at a special luncheon during ABI’s 2017 Winter Leadership Conference. Candidates were chosen from both large and small firms from every region of the country, and represent diverse practice areas such as law, finance, consulting, academia, government and more.
A special congratulations to our ABI member committee leaders who were part of the inaugural class!
Take a look at our full list of outstanding honorees!
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| Year-End Giving: ABI Offers Two Ways to Give Back |
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ABI has two great opportunities for those who are looking to give back to their communities. We invite you to offer your year-end giving to one of the tax deductible organizations below.
 The ABI Endowment Fund was created in 1989 to provide resources for research and education. Named to honor late Vice President of Development Tony Schnelling, the Endowment has awarded more than $3 million in grants, prizes and scholarships since its first award in 1990. For more information on the Endowment, click here. To donate now,
click here.
 Credit Abuse Resistance Education (CARE) is a national 501(c)3 non-profit that connects bankruptcy and other professionals with young people to teach basic personal finance and encourage smart credit decisions. Founded in 2002, by now-retired U.S. Bankruptcy Court Judge John C. Ninfo II, CARE has grown exponentially and has doubled its chapter presence in the last
year. Financial literacy is crucial to the success of the next generation and your financial support of CARE goes a long way to preparing our future leaders. Donating is easy at www.care4yourfuture.org/care-support.
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| ABI has a new publication aimed at business practitioners and their clients. A Business Creditor’s Guide to Distressed Vendors, Debt Collection and Bankruptcy provides an insider’s look into the options available to help screen a business’s customers, plan for worst-case scenarios, and, if the situation does arrive, efficiently handle the fallout. This book offers background and insight into such matters as why
businesses fail, the Fair Debt Collection Practices Act and other statutes that affect a business’s relationship with its vendors, relevant chapters of the Bankruptcy Code that affect debt settlement, out-of-court alternatives to bankruptcy that might come into play, and several other concepts that business owners should be aware of when dealing with distressed vendors. The book is available for pre-order now, and ships at the end of December. |
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