An ABI Committee Newsletter
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| Vol 12, Num 1 | March, 2026
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by Kara Casteel, ASK LLP, Saint Paul, MN
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Sylvia A. Mayer, S. Mayer Law, Houston
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The Mediation Committee ended 2025 with a flurry of activity under the leadership of new co-chairs Sylvia Mayer of S. Mayer Law and Kara Casteel of ASK LLP. On Sept. 9, the committee sponsored a free webinar, “Current ‘Hot Button’ Issues in Mediation and Settlement Conferences.” The experienced panel included Kara Casteel of ASK LLP, Mark Felger of Cozen O’Connor and Brian Kilmer of McGuire, Kilmer & Roman, who discussed various topics, including the pros and cons of having judicial mediators versus private mediators.
Not to be outdone, on Dec. 5, the committee took the ABI Winter Leadership Conference by storm with its presentation “Navigating Ethical Crossroads: Professional Responsibility in Bankruptcy Mediation and Negotiation.” This engaging panel consisting
of Moderator Hon. Judith K. Fitzgerald of Tucker Arensberg, PC (ret., W.D. Pa.), and speakers Hon. Roberta A. Colton (M.D. Fla.), Robert M. Fishman of Algon Group LLC and Kara Casteel of ASK LLP (she’s everywhere!).
Don’t miss out on everything the committee has in store for 2026, including its much-anticipated presentation at the Annual Spring Meeting! If you haven’t yet joined our committee, we welcome you to join today. It’s just an easy click of a checkbox on your ABI profile.
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by Sylvia A. Mayer, S. Mayer Law, Houston
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Bullies use aggressive behavior (both physical and verbal) to intimidate and coerce others, and they show up in all aspects of life, including in mediation and negotiation. In many cases, the bully is the reason the dispute is in mediation: The bully has become the barrier to resolution. It is then the mediator’s job to breach the bully barrier to facilitate a path to resolution.
To illustrate, let’s consider Alexis O’Neill’s children’s book The Recess Queen. In this book, no one swings until Mean Jean swings. No one kicks a ball until Mean Jean does so. No one bounces on the trampoline until Mean Jean bounces. Mean Jean uses physical (pushing and kicking) and verbal (growling and yelling) intimidation to control the other kids. Mean Jean is the Recess Queen. Mean Jean is a bully.
But then a new kid comes to school. Her name is Katie Sue.
Recess comes. Katie Sue exuberantly rushes outside where she swings, then kicks a ball, then bounces — all before Mean Jean does any of it. Mean Jean charges after her, grabs her by the collar and yells at Katie Sue.
But Katie Sue surprises Mean Jean. She is not intimidated. Instead, Katie Sue breaches the bully barrier. She pulls a jump rope out of her backpack. Katie Sue starts to jump and invites Mean Jean to jump with her. After an awkward pause, Mean Jean joins in. They jump. They giggle. They become friends. And the playground becomes a place to play for everyone.
How does this translate to the bully in mediation? Katie Sue did four important things.
Read Full Article Online →
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by M. Kevin McCarrell, Fox Rothschild LLP, Greenville, S.C.
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The American Bar Association’s Standing Committee on Ethics and Professional Responsibility recently issued Formal Opinion 518, clarifying the ethical duties of lawyers who serve as third-party neutral mediators. This guidance is particularly relevant for bankruptcy mediators, who are frequently called upon to mediate complex disputes involving multiple parties, unrepresented creditors and high-stakes negotiations. This article will attempt to summarize the opinion’s main points and highlight considerations unique to bankruptcy practice.
Understanding the Lawyer-Mediator’s Role
Formal Opinion 518 centers on the ethical boundaries for lawyers acting as mediators, emphasizing the distinction between providing legal information and legal advice. Under ABA Model Rule 2.4, a lawyer-mediator assists parties in resolving disputes, but does not
represent any party.
The opinion underscores that lawyer-mediators must clearly communicate this distinction, especially to unrepresented parties, to avoid any misunderstanding about the mediator’s role. This is particularly important in bankruptcy cases, where parties might be unfamiliar with mediation or could mistakenly believe that the mediator is acting to protect their interests.
Read Full Article Online →
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