vol 7, num 3 | October 2021
 
 
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Mediation
 
AN ABI COMMITTEE NEWSLETTER
 
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Mediation Committee Happenings: October 2021
Judith Elkin
 
Judith Elkin
Pachulski Stang Ziehl & Jones LLP
New Rochelle, N.Y.
 
Louis H. Kornreich
 
Hon. Louis H. Kornreich
Bernstein Shur
Portland, Maine
 
A little wheel is spinning on this exiting-the-pandemic thing. Many stops and starts. In person vs. Zoom. However, our committee will continue to plow forward with mediating in challenging times. Bankruptcy and mediation are continually changing, and our committee adapts accordingly with insightful programs, best practices and information.

As discussed below, Committee Co-Chair Hon. Louis H. Kornreich (ret.), past ABI President Robert J. Keach, William Kreiger and Donald L. Swanson recently presented an abiLIVE webinar titled, “Facilitation Skills for Subchapter V Trustees.” This was indeed a timely webinar given a recent court decision describing the role of subchapter V trustees as being similar to that of mediators.

Join our Mediation Committee and listen, learn and provide input in these changing times of mediation.

Our Quarterly Article
Speaking of time, this quarter our guest writer is Sylvia Mayer of S. Mayer Law, who provides us with her article, “Is Timing Everything in Mediation?” She explores the role and importance of “time” in mediation — as in, whether mediation should take place early or late in the litigation process; whether it should take place before or after discovery; whether there is a magic length and number of mediation sessions; and when the mediator should interpose a settlement proposal or suggestion. Thank you, Sylvia, for this thoughtful and timely (no pun intended) article.

 
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Is Timing Everything in Mediation?
Sylvia A. Mayer
 
Sylvia A. Mayer
S. Mayer Law PLLC
Houston
 
 
Time and timing permeate all aspects of the mediation process, including:
  • When is a dispute ripe for mediation?
  • When are parties receptive to evaluative feedback?
  • When should a mediator’s settlement proposal be made?
  • When should an apology be offered?
They can impact countless other facets of the process, too. Mediators can use the above to help guide the parties toward resolution.

“Better three hours too soon than a minute too late.”
— William Shakespeare

 
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