Chapter I INTRODUCTION

• Jurisdiction: United States

I. INTRODUCTION

Leslie A. Berkof and John G. Loughnane

ABI last published a book about mediation in 2009. Since then, the application of mediation to all aspects of the bankruptcy process has grown exponentially. As of 2016, numerous bankruptcy courts have adopted local rules on mediation, and many have pre-certified panels of mediators. As the result of the skillful application of mediation, numerous issues have been resolved economically. Many participants in the bankruptcy process are drawn to mediation by the prospect of controlling cost and fashioning relief in a more flexible manner than what can be obtained by a court determination. Bankruptcy professionals understand deal-making; gathering consensus and sharing and redistributing funds is a fundamental part of any bankruptcy process. Utilizing these attributes in the mediation process can increase the ability to secure a successful reorganization or implement a liquidation process as part of maximizing the return to creditors by minimizing costs.

Just as mediation is a collaborative process among parties who are guided by the mediator toward a resolution, this book has been a collaborative process among all of our authors guided by us as co-editors. Our goal was to provide a more in-depth perspective on the use of mediation in the bankruptcy process. This book is intended to assist both novices to the bankruptcy mediation process and skilled participants. In both instances, it is intended for party representatives, advocates and mediators alike. In contributing to this work, no co-author should be viewed as agreeing with all of the statements in the book. Rather, the work represents...