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| Local Model Mediation Rules: A Service of Great Value |
| Every once in a great while, a group of people perform a voluntary service of hard and diligent effort that produces a result of excellence and provides great value to others. That is precisely what a small group of people did in creating model local rules and supporting commentary on bankruptcy mediation. The Model Local Rules can be found linked here, and the Commentary can be found linked here.
These are the people who created the Model Local Rules and Commentary as participants in a Rules Subcommittee of ABI’s Mediation Committee:
Mediation Committee Chair: Robert M. Fishman
Subcommittee Chair: Richard E. Mikels
Subcommittee Members: Jack Escher, Bonnie Glantz Fatell, Reginald W. Jackson, Raymond T. Lyons, Frank A. Monaco, Jr. and Judy W. Weiker
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| Mindfulness: An Approach to Problem-Solving in Mediation |
| Mediation training has ventured into mindfulness, a contemplative practice that teaches mediators to develop a sense of calm. One benefit of this practice is evident when the energy in the mediation session is less than positive. With this technique, the mediator can assess how to re-focus that energy in a way that best assists the parties in reaching a resolution of their dispute. I’ve attended three training sessions. Before the first one, being the skeptic that I sometimes am, I thought the training would not prove to be the best use of my time. And, as sometimes happens when I pre-form opinions without data to back them up, I found out
that I was wrong. The training was not the hippie-love-child- “OMMMMM” practice I had expected, although in fairness, if repeating a nonsense syllable or sound enables the mediator to learn a mindfulness technique, I’d have to accept that proposition. The technique utilized in the programs I attended explored mindful breathing. |
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| Portable Mediation Program |
| ABI’s Mediation Committee, under the current leadership of Leslie Berkoff and John Loughnane, presented the first “Portable Mediation Program” at Suffolk Law School in Boston on May 9, 2019. The program was designed by Lou Kornreich and John Loughnane as co-chairs of the committee’s Special Projects subcommittee. Many people were instrumental in this effort, including ABI staff Sam Gerdano, Amy Quackenboss and Jennifer Guirguis; several volunteers such as past committee co-chairs Jerry Markowitz and Rick Mikels; and the entire leadership group of the Mediation Committee. We are also grateful to Chief Judge Mel Hoffman and the other
judges of the U.S. Bankruptcy Court for the District of Massachusetts for their encouragement, and to Suffolk Law School for the space and logistical support.
Our expert presenters in addition to John and Lou included Hon. Joan Feeney, Christine Devine and John Monaghan. The purpose of this intensive, interactive three-hour program is to generate interest in mediation in districts where mediation may be underutilized. Attendees at the first program included local professionals and others from as far away as Florida and Delaware. The participants expressed that the goal of stimulating interest in mediation was accomplished. One attendee noted that “not one person was seen using his or her smartphone during the entire program. Everyone was thoroughly engaged.”
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| Mediation Committee Wins Award at ASM |
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| The Mediation Committee proudly received this year’s annual ABI Committee of the Year award at the Saturday luncheon during the Annual Spring Meeting, held April 11-14. Congratulations go to our co-chairs, Jerry Markowitz and Leslie Berkoff, and the Mediation Committee as a whole. Job well done! The Mediation Committee was very active this past year, having (1) published two excellent newsletters, (2) conducted two webinars, (3) run programs at both the Winter and Spring conferences, (4) run the ongoing Friday listserve, (5) presented to the ABI Committee on Consumer Bankruptcy on mediation, (6) published multiple Mediation Matters columns in
the ABI Journal, and (7) launched a pilot mini-training program. |
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The committee also welcomes authors for newsletter submissions, if you have any questions or suggestions for topics, please contact Morris Bauer or Judith Elkin.
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| Mediation Committee Leadership for 2019 |
| The Mediation Committee is proud to announce our new leaders for 2019!
You can also visit the committee's homepage for more newsletter articles, relevant recordings and other committee information.
The committee is always eager to welcome new volunteers. Please contact any member of our leadership team to find out how you can get involved.
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Edward L. Schnitzer
Communications Manager
CKR Law LLP
New York |
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Howard N. Gorney
Membership Relations Director
Attorney at Law
Plymouth, Mass. |
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Hon. Louis H. Kornreich (ret.)
Special Projects Leader
Bernstein Shur
Portland, Maine |
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