At a recent meeting of the Dispute Resolution Committee of the ABA Business Law Section, a new mandatory mediation initiative was presented that may be unique in scale in structure.
Judge Michael Kaplan of the US Bankruptcy Court for the District of New Jersey explained the program, along with consultants Suzanne McSorley and Laura Kaster. Judge Kaplan described certain rule changes for the court, pursuant to which all adversary proceedings or contested matters initiated after May 1, 2014, will presumptively be ordered to mediation. A panel of about 55 has been assembled as mediators for this purpose – established neutrals who are being trained in the principles of bankruptcy law and bankruptcy specialists who are being trained in the skills of mediation.
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