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

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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.  Continue reading “Local Bankruptcy Rules Without Mandatory Mediation Authority Are Like A Toolbox Without A Vise-Grip”

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

 

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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 mediations.  But ad hoc mediation orders must be evaluated in light of the special circumstances involved, not on a straight statistical comparison with planned-for mediations.  Continue reading ““Momma Doesn’t Want to Settle”: The Value of Mandatory Mediation — Part Two”

Revoked Mediation Rules in Chicago’s Bankruptcy Court?!

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Image is from wattsupwiththat.com

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:  Continue reading “Revoked Mediation Rules in Chicago’s Bankruptcy Court?!”

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

Action Item.  Here’s a simple procedural step: Continue reading “ACTION ITEM: from “Momma Doesn’t Want to Settle” — Part One Post”

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

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

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

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

Lessons from Detroit Bankruptcy Mediators on Mediation Success

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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:  Continue reading “Lessons from Detroit Bankruptcy Mediators on Mediation Success”

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

Caesars Entertainment Bets on Mediation — A Developing Trend?

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By Donald L. Swanson

Mediation should be standard procedure in Chapter 11 plan confirmation processes.

Many of us have been arguing this point for years!  Caesars Entertainment now agrees and is placing its bet accordingly.  Continue reading “Caesars Entertainment Bets on Mediation — A Developing Trend?”