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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