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| vol 5, num 3 | September 2019 |
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| Is It Time to Consider Expanding? |
| Anyone who has spent any time mediating, either representing a party or acting as the neutral, knows that the role of a mediator is typically defined by the parties, the nature of the litigation and the best path toward a resolution. Certainly, a mediator is a neutral facilitator, but the same can be said of arbitrators. All forms of “alternative dispute resolution” come down to the question of whether the neutral is acting in a facilitator role, advisory role or determinative role. These roles are self-explanatory, and most mediators have likely started a mediation in one of those capacities, only to find that the parties or the litigation
required them to shift into a different role during the course of mediation.
In order to recognize and explore the most effective means for our committee to support bankruptcy courts, litigators and mediators alike, I respectfully suggest that we should consider evolving from the identity of the Mediation Committee to the “Dispute Resolution Committee.” Of course, a name is just a name, and we are not defined by it. Names can, however, be limiting and sometimes misunderstood.
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| Interview with Rick Mikels: A Student Who Became a Mediator, Proud Supporter and Former Chair of Your Mediation Committee |
| On Aug. 5, 2019, I had the enlightening opportunity of discussing mediation with Rick Mikels, a seasoned bankruptcy practitioner whose appreciation for the nuances of mediation is remarkable. Rick was one of the first students of the ABI/St. Johns 40-Hour Mediation Training Program, an intensive five-day course that focuses on bankruptcy issues while educating participants about the concepts and techniques available to mediators. This experience — and his own sense of the importance of negotiation in assisting parties in resolving differences without litigation — enhanced his desire to become more involved in mediation training and
education. As part of his many professional activities, Rick helped develop this Mediation Committee, for which he served as chair, and led to his becoming a sought-after mediator. This is what Rick had to say in question-and-answer format. |
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| Winter Leadership Conference Registration is Now Open! |
| Join the Mediation Committee at ABI's Winter Leadership Conference. The Terranea Resort in Rancho Palos Verdes California is the setting for this year's annual program, which features topics designed for consumer and business practitioners, as well as financial advisors. As always, the conference provides numerous social and fun events to network and renew friendships with your colleagues from around the nation and overseas. We
look forward to seeing you in December!
This year, the Committee will be pairing with the Commercial and Regulatory Law Committee to host a session titled, “Mediating with a Higher Power — Mediation of Disputes with Governments and Governmental Agencies."
Speakers for this session include:
- Susan A. Berson, Moderator
Berson Law Group; Overland Park, Kan.
- Ted A. Berkowitz
Moritt Hock & Hamroff LLP; Garden City, N.Y.
- Hon. Melanie L. Cyganowski (ret.)
Otterbourg P.C., Steindler, Houston & Rosen; New York
- Margarita Padilla (invited)
Office of the California Attorney General; Oakland, Calif.
- David Peress
Hilco Streambank; Boston
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