• Committee Chairs: Connor Bifferato and Edward Schnitzer
• Communications: Mo Bauer and Emily Wall
• Education: Sylvia Mayer and Steve Sather
• Member Relations: Annmarie Chiarello and Kevin McCarrell
• Newsletter: Joseph Orbach and Kara Casteel
• Special Projects: Hon. Christopher Sontchi (Ret.) and Frank Monaco

Planning Meetings

The Mediation Committee’s leadership meets monthly to discuss upcoming programs and ideas for new programs. At the meetings, each subcommittee provides a report on the past month’s activities and activities for the upcoming month. Before concluding, the meeting is open to any new ideas for articles, panels, webinars and encouraging new members.

Conferences

Annual Spring Meeting 2023
The Mediation Committee’s Annual Spring Meeting panel was titled “The Many Roles of a Neutral in Bankruptcy.” The panelists were Ken Feinberg, Hon. Barbara Houser (ret.) and Sylvia Mayer, and Ed Schnitzer was the moderator. The panel discussed, among other things, neutrals, examiners, court-appointed experts, mediators, fee examiners, subchapter V trustees and future claims representatives. Feinberg, Houser and Mayer provided the attendees with numerous war stories from cases they had worked on as neutrals.

Winter Leadership Conference 2023
The Mediation Committee’s Winter Leadership Conference panel was titled “Making the Mediation: What to Consider When Selecting the Neutral.” The panelists were Derek Abbott, Andrew Caine and Kara Casteel, and Ed Schnitzer (substituting for Connor Bifferato) was the moderator. The panel discussed how parties select a mediator, what skills they look for, how they determine what skills a mediator has, necessary participants to a mediation, the location and cost of mediation, mediation procedure orders, and in-person vs. virtual mediation. The panel was well attended.

Annual Spring Meeting 2024
The Mediation Committee is planning a panel for the 2024 Annual Spring Meeting that will focus on mediating consumer bankruptcy issues, including discharge actions. The Mediation Committee is seeking to partner with the Consumer Bankruptcy Committee.

Independent Networking Events and Special Projects

The Mediation Committee produced its first two podcasts this year, titled “Reframing Mediation” and led by Connor Bifferato and Ed Schnitzer. The podcasts addressed mediation confidentiality and bad faith. Connor and Ed are currently working on a third podcast that will feature Connor and Ed debating various mediation questions.

Networking

The Mediation Committee is happy to report that 10 new members have joined the committee since April 2023. At ABI’s 2023 Annual Spring Meeting, the Mediation Committee partnered with the Legislation Committee for a happy hour on the Boardwalk in conjunction with the Opening Reception. Four law firms sponsored the well-attended happy hour, which was held on Thursday, April 30, from 5:00-6:00 p.m.

At the 2023 Winter Leadership Conference, the Mediation Committee hosted a happy hour on Friday, December 1, at the La Hacienda Restaurant on site at the host hotel, jointly sponsored by Ed’s and Connor’s firms.

Special Projects

The Special Projects and Education subcommittees have been planning a webinar to be presented in conjunction with ABI’s International Committee. Tentatively titled “Recent Developments in International Insolvency ADR,” the presenters will be Hon. Robert Drain (ret.), Annika Wolf, Martin Trott and Adam Crane. The webinar is planned for January 2024.