A congressional mandate that the courts provide an alternate dispute resolution process was issued to all courts. The Bankruptcy Court elected to provide mediation as the established means of dispute resolution in this district. The Court solicited parties who indicated a desire to serve as mediators for the court, and an extensive training program was provided.

Mediation is a simple and informal settlement process in which the Mediator acts as a facilitator to assist the parties in reaching agreement. The Mediator holds joint conferences with all parties as well as private separate conferences with the parties to discuss the facts, issues, and risks. The Mediator's experience and understanding of the issues and neutral perspective enhance the possibility of reaching a settlement by agreement of the parties.

In mediation, the mediator does not act as a judge and does not make any decision about who is right or wrong. In arbitration, the parties present their witnesses and evidence to the arbitrator who decides the case in favor of one or more of the parties. Mediation is more informal and is more of a collaborative process than arbitration. A mediation can be scheduled anywhere the parties and mediator agree. Usually, it takes place in a conference room at a location convenient to all parties and can resolve many disputes in a half-day or less.

Almost all disputes are good candidates for mediation. Mediation can be used in a wide variety of contested matters or adversary proceedings such as: valuation, fair market value, amount or validity of secured status, lien avoidance, exemption issues, discharge and dischargeability, marital distribution matters, plan disputes, adequate protection issues, financing and restructuring issues and labor disputes.

There are many advantages of mediation including cost savings, direct party input and participation, they are flexible and informal, there is swift resolution, neutral third-party input, enhances communication, and confidentiality as provided by law.There also are many procedures governing the Bankruptcy Court Mediation Program which address a variety of subjects.

To schedule a case or issue for mediation the matter must first be pending before a judge. Then you must file a motion or stipulation in that case asking for it to go to mediation. Once the motion has been approved by the Judge, you must contact John J. Horner, Clerk, U.S. Bankruptcy Court, in order to proceed.

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The mediators for our Court are:

• Robert S. Bernstein, Esq.
   
• Elizabeth Lea Black, Esq.
   
• Carlota M. Bohm, Esq.
   
• Albert J. Boucek, Esq.
   
• Edward M. Burr, Esq.
   
• Norma M. Caquatto, Esq.
   
• Kevin L. Colosimo, Esq.
   
• Daniel F. Cusick, Esq.
   
• Linda Moon Davis, Esq.
   
• Ellen J. DeBenedetti
    
• Norman E. Gilkey, Esq.
   
• Mark L. Glosser, Esq.
   
• John D. Hendricks, Esq.
   
• Deborah Lutheran Iwanyshyn, Esq.
   
• Christine Kornosky, Esq.
   
• Jonathan T. Krassenstein, Esq.
   
• Lynn Macbeth, Esq.
   
• Michael D. McDowell, Esq.
   
• Linda Michler, Esq.
   
• Louise Porac, Esq.
   
• Peter Nicholas Pross, Esq.
   
• Robert G. Sable, Esq.
   
• Anthony G. Sanchez, Esq.
   
• Jared D. Simmer, Esq.
   
• Michael D. Simon, Esq.
   
• Paul M. Singer, Esq.
   
• Amy M. Tonti, Esq.
   
• Laura A. Valles, Esq.
   
• Frank E. Yourick, Jr. , Esq.