| |
| |
| vol 4, num 3 | August 2018 |
| |
|
|
| |
|
|
|
|
|
| |
| Perspectives on Mediation: Which Do You Endorse? |
| A recent article in the Lawyers Journal published by the Allegheny County Bar Association, “Early Neutral Evaluation in the Western District of PA,” addressed the early neutral evaluation (ENE) and mediation opportunities that are part of the mandatory ADR program in the U.S. District Court for the Western District of Pennsylvania. In that program, the parties may choose ENE, mediation or arbitration. An interesting statistic provided that in 2017, 18 percent of parties in eligible cases chose ENE and 80 percent chose mediation. Of those in ENE, more than 50 percent morphed into mediation before the neutral provided
the evaluation called for in an ENE scenario. In that federal court, approximately 89 percent of eligible cases go through mediation fairly early in a case. Statistics like those enable many mediators to hone their skills. |
| |
|
|
|
|
| |
|
| |
| The Value of Mediation Training |
|
I find it surprising that sometimes people do not appreciate that mediation is an artform. There are some who hold the misguided view that mediation is simply another form of court-directed settlement conference. However, mediation is not a settlement conference. Rather, mediation is a specialized process designed to facilitate a resolution of the pending dispute between the parties by engaging those parties in the process so that they can come to a resolution that meets their individual needs. While both mediation and a settlement conference have their place in the litigation process, they are simply not the same.
|
| |
|
|
|
|
| |
|
| |
| To Report or Not to Report? |
|
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.
|
| |
|
|
|
|
| |
|
| |
 |
| |
|
Registration is open for the industry's premier winter event - ABI's Winter Leadership Conference! At this year's event attendees will have the opportunity to mix business and pleasure at a variety of timely educational sessions, networking events, and optional programs - all at the beautiful Fairmont Scottsdale Princess in Scottsdale, Arizona.
This year, the Mediation Committee will be pairing with the Unsecured Trade Creditors Committee to host a session titled Sharpening the Tools in Your Mediation Toolkit. Speakers for this session include:
- Ian C. Bifferato - The Bifferato Firm PA; Wilmington
- Kara E. Casteel - ASK LLP; St. Paul, MN
- Hon. Leif M. Clark (ret.) - CBINSOLVENCY LLC; Swampscott, Texas
- Jeffrey P. Nolan - Pachulski Stang Ziehl & Jones LLP; Los Angeles
- Jeffrey W. Warren - Bush Ross, PA; Tampa
Register now and check back often for added events!
|
|
|
| |
|
|
|
|
|
|
|
| |
©2017 American Bankruptcy Institute . All rights reserved.
66 Canal Center Plaza, Suite 600, Alexandria, VA 22314 |
|
| |
|
| |
