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

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Definition is from vocabulary.com

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 mediation, along with a grant of initiating authority to the mediator team. Continue reading “Detroit Bankruptcy’s “Proactive Mediators”: A New Mediation Model (Updated 4/1/16 with Responses)”

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 especially the judges] for adopting local mediation rules;

2. Seek formal appointment of a local Bankruptcy Mediation Committee to prepare a document adapting the Model Local Rules for inclusion into existing Local Rules; and

3.  Pursue formal adoption of the proposed rules.

 

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

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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. Continue reading “Your Leadership is Needed Now: A Plan for Adopting Model Local Rules on Mediation”

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 view the Annual Spring Meeting Schedule and Click here to register on the ABI’s Conference page.

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

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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 of the Guide to Judiciary Policy, Vol. 13, Ch. 12.

To my chagrin, I could not find another federal court fund that will pay for an indigent party’s portion of a bankruptcy mediation tab. Continue reading “Bankruptcy Mediation for the Little Guy – Part 2: Nebraska in the Lead”

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

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No money in the wallet, no mediator?

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 happens when both parties to an adversary proceeding or contested matter are open to mediation, but, perhaps predictably, the consumer debtor doesn’t have the capital to pay for his or her portion of a mediation? Continue reading “Bankruptcy Mediation for the Little Guy – Part 1: Financial Assistance”

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

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Bankruptcy Court in Chicago Deletes its Local Mediation Rules

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

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

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Co-chair of Bankruptcy, Reorganization and Creditors Rights Practice at Shaw Fishmen Glantz & Towbin LLC

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 to dispute resolution in some jurisdictions and an afterthought in others? Continue reading “Local Mediation Rules Revoked in Chicago Bankruptcy Court?! Insights From a Chicago Mediator (Updated 3/24/2016 with Responses)”

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: Continue reading “Gallup Diocese (N.M.) files Mediated BankruptcyPlan”

Proactive Mediation: The Great Innovation of Detroit and Diocese Reorganizations

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Commercial Bankruptcy Litigation Webview

The Commercial Bankruptcy Litigation website is publishing an article by Donald L. Swanson, entitled “Proactive Mediation: The Great Innovation of Detroit and Diocese Reorganizations.”

The article appears on the Commercial Bankruptcy Litigation website at this address:

https://www.dailydac.com/commercialbankruptcy/litigation/articles/proactive-mediation-the-great-innovation-of-detroit-and-diocese-reorganizations

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