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 were consistently the key to success: candor, cooperation, creativity and courage.”

–“There were no instruction books or road maps to guide the parties or the mediators on how to solve many of the unique issues in this unique bankruptcy, but the creative juices flowed and produced agreements that benefited everyone.”

–“Cooperating with the ‘other side’ and looking for creative solutions required a healthy dose of courage on the part of many to move away from entrenched positions and try novel concepts, courage that was on full display and contributed greatly to the outcome that Judge Rhodes in his confirmation decision called ‘miraculous.’”

Action Item.  These are wise words.  We should all take them to heart.

#bankruptcy   #mediation   #bankruptcymediation   #detroitbankruptcy

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