vol 8, num 2 | June 2022
 
 
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Mediation
 
AN ABI COMMITTEE NEWSLETTER
 
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Mediation Committee Happenings
Ian Connor Bifferato
 
Ian Connor Bifferato
Communications Manager

The Bifferato Firm
Wilmington, Del.
 
Louis H. Kornreich
 
Hon. Louis H. Kornreich
Bernstein Shur
Portland, Maine
 
Our committee has been quite active during the last few months!

2022 Annual Spring Meeting
During ABI’s Annual Spring Meeting in April, the committee presented a program titled, “How Stress and Remote Work Affect Mediation,” in which Dr. Bruce S. Rabin, a professor of pathology at the University of Pittsburgh School of Medicine, spoke about the mental and physical effects of stress and discussed skills to help minimize the effect of stress. Dr. Rabin was highly recommended by judges who have heard him speak on topics related to stress and stress management for the Federal Judicial Center and at circuit conferences.

Dr. Rabin explained the health effects of stress. For example, he discussed how our brains sense stress, and how stress affects our brains. Among other things, stress causes the release of a hormone called cortisol that inhibits our ability to focus, to think clearly and to act rationally. Dr. Rabin also told us how reducing stress can reduce your cholesterol levels.

Dr. Rabin gave us several strategies to mitigate the effects of stress, including meditation, having positive social interactions (as Dr. Rabin said, “loneliness kills”), being physically active (walking at a relatively fast pace works wonders), having a sense of humor, participating in religious or other calming activities, writing about the issues that are causing stress, and being optimistic. Dr. Rabin noted that people who are high in optimism tend to be much healthier than those who are low in optimism.

Separately, during the ASM, our committee organized an informal gathering of members and member prospects. Everyone had a great time!

 
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Avoiding or Overcoming an Impasse in Mediation
Louis H. Kornreich
 
Hon. Louis H. Kornreich
Bernstein Shur
Portland, Maine
 
 
As bankruptcy cases of all types continue to be filed in record numbers, the use of mediation is increasing. This trend is likely to continue. This article focuses on the concepts that a lawyer must know and actions that he/she should take to avoid or overcome an impasse in mediation. The obstacles to reaching a settlement vary with each case. Some are obvious, such as the facts and law governing the dispute, the history of the parties, business and personal relationships, the personalities of the parties and counsel, the justification and righteousness of positions, the relative economic and social status of the parties, the experience and talents of counsel, the style of the mediator and the fear of signaling the wrong message. Other barriers to the settlement might be less obvious. These might include gender, sexual orientation, race, religion and the cultural backgrounds of the parties and counsel. To these concerns we may add the complications of conducting a live or remote mediation during this time of COVID-19.
 
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A Conversation with Hon. Louis Kornreich (Ret.)
Judith K. Fitzgerald
 
Hon. Judith K. Fitzgerald
Education Director

Tucker Arensberg, P.C.
Pittsburgh
 
 
Retired Bankruptcy Judge Louis Kornreich has been a mainstay for the ABI Mediation Committee for many years and now serves as a co-chair. As a U.S. Bankruptcy Judge, he was respected for his innovative approach to solving problems that crop up in cases by employing mediation-like skills to help parties resolve their disputes without using the full panoply of litigation tools. He has been an ardent supporter of ADR processes for decades, before, during and after his career on the bench. Here are some of his remarks about settlement processes and why they are such important aids to litigators and judges in resolving problems.

JF: Tell me a bit about how you became interested in mediation.

LK: Many years ago, the state courts in Maine put together a corps of lawyers who were interested in neutral intervention to look at and filter cases going to trial. I volunteered and began to appreciate the importance of seeking a resolution through negotiation with counsel. I learned early on that resolving problems through discussion with opposing counsel is often based upon personal and professional relationships. I began to limit my practice to bankruptcy where the focus is on solving problems with limited resources in a short amount of time. When I took the bench, I began mediating cases for colleagues.

 
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Mediation Committee Leadership for 2022
The Mediation Committee is proud to announce our new leaders for 2022!

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.

Ian Connor Bifferato
 
Ian Connor Bifferato
Co-chair

The Bifferato Firm
Wilmington, Del.
 
 
Louis H. Kornreich
 
Hon. Louis H. Kornreich
Co-Chair

Bernstein Shur
Portland, Maine
 
 
Morris S. Bauer
 
Morris S. Bauer
Communications Manager

Duane Morris LLP
Newark, N.J.
 
 
Russell M. Blain
 
Russell M. Blain
Communications Manager

Stichter, Riedel, Blain & Postler, PA
Tampa, Fla.
 
 
Sylvia Ann Mayer
 
Sylvia Ann Mayer
Education Director

S. Mayer Law PLLC
Houston
 
 
Stephen Sather
 
Stephen W. Sather
Education Director

Barron & Newburger
Austin, Texas
 
 
Edward L. Schnitzer
 
Edward L. Schnitzer
Education Director

Montgomery McCracken Walker & Rhoads LLP
New York
 
 
Annmarie Chiarello
 
Annmarie Chiarello
Membership Relations Director

Winstead PC
Dallas
 
 
Isaac Daniel Rothschild
 
Isaac Daniel Rothschild
Membership Relations Director

Mesch Clark Rothschild
Tuscon, Ariz.
 
 
Kara E. Casteel
 
Kara E. Casteel
Newsletter Editor

ASK LLP
Saint Paul, Minn.
 
 
Joseph Orbach
 
Joseph Orbach
Newsletter Editor

Thompson Coburn Hahn & Hessen LLP
New York
 
 
Michael John Riela
 
Michael John Riela
Newsletter Editor

Tannenbaum Helpern Syracuse & Hirschtritt LLP
New York
 
 
Francis A. Monaco, Jr.
 
Francis A. Monaco, Jr.
Special Projects Leader

Monaco Mediation and SC&H Capital
Wilmington, Del.
 
 
Hon. Christopher S. Sontchi
 
Hon. Christopher S. Sontchi
Special Projects Leader

U.S. Bankruptcy Court, District of Delaware
Hockessin, Del.
 
 
Emily S. Wall
 
Emily S. Wall
Special Projects Leader

Cavazos Hendricks Poirot, PC
Dallas
 
 
 
 
 
 
NORTHEAST BANKRUPTCY CONFERENCE & CONSUMER FORUM
 
 
 
SOUTHEAST BANKRUPTCY WORKSHOP
 
 
 
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