MWI Bankruptcy Mediation Program Overview
As the premier provider of alternative dispute resolution services to the
bankruptcy community, MWI’s Bankruptcy Mediation panel combine expertise in
dispute resolution with wide experience in bankruptcy practice.
Types of Cases
Our bankruptcy mediators have practiced in bankruptcy in all types of cases
and have participated in discovery, negotiation and trial of all manner of
bankruptcy disputes. They are experts in seeing the issues and
bringing a case to a mutually beneficial resolution. As such, MWI
bankruptcy mediators can be used in any type of adversary proceedings or
contested matters, including:
• Preferences
• Contract Disputes
• Claims Objections
• Motions for Relief
• Fraudulent Transfer Cases
• Plan Issues
Panel Bios
Howard N. Gorney
combines over thirty years as a bankruptcy and
commercial attorney with mediation and arbitration skills to assist parties in
reaching resolution in bankruptcy and bankruptcy-related disputes. Mr. Gorney is
a member of the Mediation Panels of the U. S Bankruptcy Courts for the District
of Delaware and for the Southern District of New York. He is also a member of the
Arbitration Panels of the National Association of Securities Dealers, the
National Arbitration Forum, and the State of Massachusetts Office of Consumer
Affairs and Business Regulation. In addition, Mr. Gorney serves on the MWI
mediation and arbitration panels for the resolution of franchise contractual
disputes with General Motors Corp. BMW of North America and Saturn Corp. Mr.
Gorney has mediated many bankruptcy disputes, including In re Gentek, Inc.;
In re BRAC Group, Inc., and In re Oakwood Homes in the Delaware
Bankruptcy Court. A partner and senior counsel at Nixon Peabody LLP for over 18
years, Mr. Gorney served as chair of its Commercial Law Department. A lecturer
and author of many articles on bankruptcy and commercial law, Mr. Gorney
received a Bachelor’s Degree from the Univ. of Vermont, a Master’s Degree from
the Univ. of Pennsylvania and a J. D. from Suffolk Univ. Law School. He is
admitted to the Bar in Massachusetts, the United States District Court for the
District of Massachusetts, the First Circuit Court of Appeals and the United
States Supreme Court. Mr. Gorney has been a member of the American Bankruptcy
Institute for over 15 years and serves on ABI’s Committee on Alternative Dispute
Resolution.
Jack Esher has represented lenders, trustees, creditors’ committees,
business debtors and sophisticated consumer debtors in bankruptcy cases for over
25 years. He has also served as a mediator or arbitrator in bankruptcy and
commercial matters for more than 20 years. Mr. Esher has been a member of the
distinguished panel of mediators and arbitrators at JAMS and is an internationally
recognized leader in the field of ADR, since 1996. In the early 1980’s, Mr.
Esher was one of the pioneers in the field of alternative dispute resolution.
More recently, he has been a key figure in advocating for the use of ADR
techniques in bankruptcy proceedings. He is co-author of the acclaimed American
Bankruptcy Institute publication: The ABI Guide to Bankruptcy Mediation (2005),
and was recently appointed to the Register of Mediators for the Delaware
Bankruptcy Court. Mr. Esher has been a member of the American Bankruptcy
Institute for over fifteen years, and was the Founding Chair of the ADR
Committee of the ABI, serving in that position from 1994 to 2001. He currently
serves on the Northeast Conference Organizing Committee. Mr. Esher is a frequent
lecturer on bankruptcy and ADR topics. He has conducted mediation trainings for
judges, attorneys and business leaders in the United States and in Thailand. His
authored works include Claim Resolution Facilities (ABA, 2003); How to Succeed
in Mediation Without Trying…Your Case (ABI, 2002); Valuing and Selling
Intellectual Property (ABI, 2000); The Structured Negotiation Process, (ABI,
1999); Chapter 36, Alternative Dispute Resolution in Bankruptcy Practice (J.Esher
& R.Tilton), Chapter 11 Theory and Practice (LRP Publications, 1998) and The
Mediation Manual (ABI 1996).
Scope of Services
Mediation: We encourage attorneys, trustees, debtors in possession
and plan administrators to utilize our mediation services. Mediation is a
voluntary process designed to resolve disputes efficiently and fairly, costing
the parties substantially less than if they were to engage in extensive
discovery and go to trial. MWI is dedicated to bringing parties together
to settle disputes. We have a wealth of experience in dispute resolution and
deliver reliable, quality service attuned to the needs and interests of our
clients.
Fee Structure
In setting a fee structure, MWI is responsive to the requirements of all parties
to a dispute. We take into account what the parties have at stake. As a result,
our fees are competitive. Please contact us to discuss your case with us.
Contact
For more information, please call Nancy Connelly, Director of Commercial Programs at 800-894-8323 or
nconnelly@mwi.org fill out the form below
for more information or to schedule a session.
MWI Bankruptcy Mediation Referral Form
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