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Vol 2, Num 3 l October 2015

Technology and Intellectual Property

► In This Issue:

Multiparty Mediation


Donald L. Swanson
Koley Jessen
Omaha, Neb.

Here’s a confession: I’m in a four-party mediation. It begins at 9:30 a.m. in a joint 30-minute session. The mediator then spends 30 minutes with each party. It’s now noon — we’re taking lunch orders — and the mediation process has only just begun! At mid-afternoon, positions are far apart, and pressure mounts to make lots of progress in a hurry. At 4:30 p.m., one party meets with the mediator for only the second time — that’s after six hours of mostly twiddle-your-thumbs down-time! However, all parties want to get a deal accomplished, and by 6:30 p.m. a settlement document is signed. Relief prevails. But still, I’m thinking, “There has got to be a better way!”
» Read More

Mediation in Large Chapter 11 Cases


Benjamin D. Feder
Kelley Drye & Warren LLP
New York


Devin Hahn
Kelley Drye & Warren LLP
New York

Mediation has become an invaluable tool in large chapter 11 cases. Traditionally viewed as a means for resolving discrete disputes between a debtor’s estate and an adversary party, in recent years mediation has in certain complex cases evolved into a multiparty undertaking involving claimants from all levels of a debtor’s capital structure, with the ambitious goal of resolving the entire case through a consensual plan of reorganization.

Recent examples include Residential Capital, LLC (ResCap) and Cengage Learning Inc. (Cengage). These cases illuminate the primary benefits of mediation: the potential to expedite the plan process with a mediator’s assistance, which can save both the estate and creditors from incurring enormous fees related to litigation, and can take advantage of the mediator’s ability to help parties craft unique solutions that might not be available through litigation. Over the past few months, mediation has led to a possible exit path in Energy Future Holdings Corp. (EFH), one of the most seemingly intractable chapter 11 cases ever filed. Although numerous hurdles remain for EFH and opposition from certain key parties remains, the mediation process in that case has led to a structure that could permit a consensual plan of reorganization to be confirmed by the end of 2015.
» Read More

ABI Offers Premier Mediation Training Program

The ABI/St. John’s Bankruptcy Mediation Training is a collaboration among three leaders in the field of bankruptcy education and mediation training: ABI, St. John’s Center for Bankruptcy Studies, and St. John's Hugh L. Carey Center for Dispute Resolution. The ABI/St. John’s Bankruptcy Mediation Training program is designed to educate mediators about the theory, skills and specific practice challenges of bankruptcy mediation. Guided by a distinguished faculty of nationally respected bankruptcy jurists, practitioners and mediators, the ABI/St. John’s Mediation Training teaches the critical skills that are requisites for bankruptcy mediators. Our training faculty includes leaders in the field of mediation and bankruptcy. Lectures, exercises and simulations focus solely on bankruptcy conflicts.

If you are a bankruptcy judge, lawyer or financial professional who is interested in applying your bankruptcy expertise, learning more about bankruptcy mediation and possibly becoming a bankruptcy mediator, or if you are already a mediator and would like to expand your skills into bankruptcy mediation, this training is for you.

Register today to join the prestegious list of those who have completed this intense, 5 day program!

“A great education for both those who serve as advocates in mediation and those who serve as mediators.”
– Sylvia Mayer; Houston, TX

“I feel I will be a better client’s lawyer having taken the course.”
– Thomas Biron, Philadelphia, PA

“This is the premier training opportunity for anyone interested in bankruptcy mediation.”
– Donald L. Swanson; Omaha, NE

Pending Changes in Bankruptcy Forms


Southeast Bankruptcy Workshop

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Tel. (703)-739-0800
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