Detroit Bankruptcy’s “Proactive Mediators”: A New Mediation Model (Updated 4/1/16 with Responses)

By Donald L. Swanson “Mediator” and “proactive” are, usually, oxymoronic terms. A mediator’s role is usually passive: to help parties deal with disputes they bring to the mediator. Detroit bankruptcy mediation rejects mediator passivity. One of the early—and monumental—judicial actions in the Detroit bankruptcy is this: the referral of a sweeping array of issues to... Continue Reading →

ACTION ITEM: from Adopting Model Local Rules Post

Action Item--A Plan. Here is a plan for immediate leadership action by one or more enterprising professionals in each jurisdiction that is deficient on local mediation rules: 1. Gather a group of bankruptcy professionals to develop and execute a plan for garnering support among bankruptcy bar groups, the U.S. Trustee’s Office and the judges [and... Continue Reading →

Your Leadership is Needed Now: A Plan for Adopting Model Local Rules on Mediation

By Donald L. Swanson Football season arrives in the fall, basketball in the winter, and baseball in the spring. During the season, players practice and play games.  During the off-season, players make adjustments they don't have time to address during the season. Bankruptcy is a seasonal game.  But the season is not months in a... Continue Reading →

This is Cool! (Video) ABI Mediation/Litigation Committees — Joint Session at D.C. Conference in April

By: Donald L. Swanson "War and Peace: Recent Trends and Developments in Bankruptcy Litigation and Mediation" --That's the title of the "Committee Education Session, Mediation / Bankruptcy Litigation," at the American Bankruptcy Institute's Annual Spring Meeting in Washington, D.C., next Month -- April 14-17, 2016. We look forward to seeing everyone there! Click here to... Continue Reading →

Bankruptcy Mediation for the Little Guy – Part 2: Nebraska in the Lead

By Matthew Gillespie In my previous post, I discussed the Nebraska’s Federal Practice Fund: a fund based on attorney admission fees that, inter alia, allows parties in bankruptcy proceedings to apply for funds to pay their portion of mediation fees when they’re unable to pay themselves. Nebraska’s District Court adopted this measure under the umbrella... Continue Reading →

Bankruptcy Mediation for the Little Guy – Part 1: Financial Assistance

By Matthew Gillespie Of all the benefits mediation provides, the perennial favorite is this: it saves money! Not only can a successful mediation conclude a dispute without the rigmarole and expense of a hearing (or worse, trial), but even unsuccessful mediations can bring the parties closer to resolution of the dispute another time. But what... Continue Reading →

“Don’t Trust your Soul to no Backwoods Southern Lawyer🎶” — or Your Business to the Bankruptcy Court in Chicago

By Donald L. Swanson Here is my memory from a decade ago in a far-away jurisdiction where I occasionally practiced: the bankruptcy judge's procedural rules have a backwoods feel. --The rules are cumbersome. --The rules are strictly and rigidly enforced. --The judge's attitude comes across like this: You want flexibility to address immediate needs?! --Forget... Continue Reading →

Local Mediation Rules Revoked in Chicago Bankruptcy Court?! Insights From a Chicago Mediator (Updated 3/24/2016 with Responses)

GUEST ARTICLE: Robert M. Fishman mediates bankruptcy disputes across the entire U.S.A. Mr. Fishman hails from Chicago and provides the following article on a recent revocation of Local Bankruptcy Rules on mediation in the Northern District of Illinois. IT’S ALL ABOUT THE CULTURE   By Robert M. Fishman What makes mediation the “go to” approach... Continue Reading →

Gallup Diocese (N.M.) files Mediated BankruptcyPlan

By Donald L. Swanson The Wall Street Journal reports that the Gallup (New Mexico) Diocese filed today (Monday, March 21, 2016) a mediated plan of reorganization in its bankruptcy proceeding.  Here are some blurbs from the Wall Street Journal report: The Roman Catholic Diocese of Gallup, N.M., unveiled today "a $22 million reorganization plan, the bulk of... Continue Reading →

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