Local Bankruptcy Rules Without Mandatory Mediation Authority Are Like A Toolbox Without A Vise-Grip

By Donald L. Swanson Fix-it folks have tool boxes full of screw drivers, pliers, box-end and open-end wrenches, crescent and socket wrenches, etc., for handling nuts, bolts and screws. But when fix-it folks need a tool that grabs-and-holds and won't-let-go, they pull a vise-grip from the toolbox.  Similarly, judges have local rules [a toolbox] full... Continue Reading →

ACTION ITEM: from “Momma Doesn’t Want to Settle” — Part Two Post

Action Item.  We should all look for special circumstances in which a mandatory mediation order might be beneficial–and then ask the court to require a mediation in such circumstances. #bankruptcy   #mediation   #bankruptcymediation   #mandatorymediation

“Momma Doesn’t Want to Settle”: The Value of Mandatory Mediation — Part Two

  By Donald L. Swanson Ad hoc orders mandating mediation have a different dynamic than planned-for mediations.  Usually, ad hoc orders arise because a judge sees special circumstances and orders the parties to mediate.  Such orders get a bad rap because they tend to achieve fewer settlements from one-and-done sessions than are achieved in planned-for... Continue Reading →

Revoked Mediation Rules in Chicago’s Bankruptcy Court?!

By Donald L. Swanson Whoa Nelly!! Who saw this one coming? BloombergBusiness reports as follows  about yesterday's hearing in Chicago on Caesars Entertainment's Motion to appoint a mediator:  Mediation is a great idea that is months overdue, [Bankruptcy Judge] Goldgar said. But last month, the local rules that gave federal judges power to order mediation in... Continue Reading →

ACTION ITEM: from “Momma Doesn’t Want to Settle” — Part One Post

Action Item.  Here's a simple procedural step: incorporate a mediation requirement into the court’s standard pre-trial order form for adversary proceedings.  Such provision could be as short and simple as requiring attorneys to, “Identify a date by which the parties will schedule a mediation session.” #bankruptcy   #mediation   #bankruptcymediation   #mandatorymediation

Judge Denies Mediation Motion in Caesars Entertainment Bankruptcy “As Unnecessary”

By Donald L. Swanson Caesars Entertainment recently filed its Motion to appoint a mediator for plan confirmation issues. Thereafter, nearly a dozen responses to the Motion are filed by creditors and other constituencies.  No response opposes the Motion—most offer suggestions for maximizing mediation effectiveness.  An ad hoc committee’s response even declares:  “the Debtors’ proposed mediation... Continue Reading →

“Momma Doesn’t Want to Settle”: The Value of Mandatory Mediation — Part One

By Donald L. Swanson An assistant pokes her head into my office and says, "Momma doesn't want to settle."  This assessment comes from observations made while escorting a husband/wife creditor to a conference room for today's mediation session.  It's a court-mandated mediation.  At issue are plan confirmation disputes in a Chapter 11 case.  Sure enough, Momma does not want... Continue Reading →

Lessons from Detroit Bankruptcy Mediators on Mediation Success

By Donald L. Swanson Judge Gerald E. Rosen and Attorney Eugene Driker, mediators in the Detroit bankruptcy case, published this guest article in the Detroit Free Press on January 18, 2015.  Here are some excerpts from the article:  --“Mediation works, and can produce great benefits much more efficiently and expeditiously than other approaches.” --“Four ingredients... Continue Reading →

ACTION ITEM: from Caesars Entertainment Post

Action Item.  Let's urge all constituencies in every Chapter 11 case to create a "successful path" toward plan confirmation by seeking the appointment of a mediator. #caesarsentertainment   #bankruptcy   #mediation  #bankruptcymediation

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