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| vol 5, num 1 | January 2019 |
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| When You Look for Mediation Training, Look No Further than ABI |
| ABI has been running a mediation training program in conjunction with St. John’s Law School each December for the past nine years. This program stands apart from other programs that are available for training in a more generalized capacity. The history of its development, as well as the specific structure of the program, make it the premier mediation training for anyone involved in bankruptcy-focused mediations. The program provides a truly unique training experience for bankruptcy professionals, advocates, client representatives and/or mediators.
The ABI/St. John’s University School of Law 40-Hour Mediation Training Program was initially developed in 2009 by a distinguished advisory group culled by ABI and consisting of 11 bankruptcy Judges from around the country. The program was developed under the supervision of Prof. Elayne Greenberg, director of The Hugh L. Carey Center for Dispute Resolution at St. John’s Law School, along with other faculty from both St. John’s Law School and ABI.
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| Determining Good Faith |
| In the last edition of this newsletter, Ed Schnitzer provided us with an excellent summary of the how and when a mediator may determine the absence of good faith. With an eye on topics of interest, Don Swanson republished Ed’s article on his weekly blog with an invitation for comment. I did just that and my response elicited further comment from many colleagues. Judi Fitzgerald has invited me to restate my concerns in this brief article to stimulate further inquiry and discussion on this important topic.
First, I would like to thank Ed for his efforts in presenting the good-faith issue in a neutral, informative way. I agree with the entirety of his presentation and with his conclusion that a mediator does have significant discretion in determining good faith in those jurisdictions where such a determination is permitted or required by local rule.
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©2019 American Bankruptcy Institute . All rights reserved.
66 Canal Center Plaza, Suite 600, Alexandria, VA 22314 |
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