ADR/Mediation in Bankruptcy Cases

On October 7, 2015, I had the privilege of co-sponsoring a “Brown Bag” lunch meeting at the Nassau County Bar Association on mediation in bankruptcy cases. In conjunction with the ADR Committee, the Bankruptcy Committee that I chair worked with the Honorable Alan S. Trust and the Honorable Louis A. Scarcella, sitting bankruptcy judges in the Eastern District of New York, and practitioners Leslie A. Berkoff, Esq. and Andrew M. Thaler, Esq. to lead the discussion. Topics discussed included procedures for assigning cases to mediation, the role of the mediator, the purpose of meditation and the potential benefits of mediation.

In the bankruptcy courts for the Eastern and Southern District of New York, Local Rule 9019-1 governs the assignment of matters to alternative dispute resolution, i.e., mediation. Essentially, any dispute arising in any case or proceeding may be referred to mediation, either at the request of the parties or, in some instances, sua sponte by the Court. There is even a pro bono mediation program available in the Eastern District of New York.

I am a firm believer in mediation. Among other things, it can help narrow issues and cut costs, which can escalate quickly in litigation. Mediation also affords clients an opportunity to participate in the process and communicate their concerns. As Judge Trust emphasized during the program, attorneys are problem solvers and mediation and/or settlement is not a sign of weakness.

A follow-up program is scheduled for April 21, 2016 at the Nassau County Bar Association.

This entry was posted in Alternative Dispute Resolution, Bankruptcy, Brown Bag, Domus, Mediation, Nassau County Bar Association, Pro Bono. Bookmark the permalink. Follow any comments here with the RSS feed for this post. Both comments and trackbacks are currently closed.
  • LH&M is considered a debt relief agency.
    LH&M helps people file for bankruptcy relief under the Bankruptcy Code.

    Attorney advertisement. Prior results do not guarantee a similar outcome.