"As a workplace mediator for over 25 years I look forward to you continuing your series. Interesting to find out if your thoughts apply to my area as well. Thanks, Don" Thornton Mason National Director -- Workplace Mediation

Don’t Let This Happen to You: Milwaukee Archdiocese Bankruptcy – Part Two, The Confirmed Plan

By Donald L. Swanson By mid-November 2015, the Archdiocese of Milwaukee  has been battling its sex abuse claimants in Bankruptcy Court for nearly five years.  The fight has been tough: described as "scorched earth." The Archdiocese has been fighting to limit payouts on sex abuse claims to the low single-digits of millions of dollars.  But... Continue Reading →

Freedom of the Press v. Mediation Confidentiality: Inside A Bankruptcy Court Dust-Up

By: Donald L. Swanson A Bankruptcy Court Judge is concerned about “leaks of sensitive, non-public information concerning the bidding process and mediation.”  The bankruptcy case is In re Molycorp, Inc. (Case No. 15-11357 in the District of Delaware). A "Leaks" Problem The Bankruptcy Judge identifies three Bloomberg articles authored by Jodi Xu Klein and others... Continue Reading →

ACTION ITEM: from Part One — Bankruptcy Needs its Own Mediation Model

By Donald L. Swanson Action Item.  Before blindly following a one-and-done mediation model from non-bankruptcy cases, we need to consider how each bankruptcy mediation might differ from non-bankruptcy contexts. #bankruptcy   #mediation   #bankruptcymediation

6 Reasons Why Bankruptcy Mediation is a Process, not a One-and-Done Session: PART ONE — A DIFFERENT MEDIATION MODEL

By Donald L. Swanson Bankruptcy needs a larger mediation process than the one-and-done-session model that’s common in non-bankruptcy cases An iteration of the title above ["Bankruptcy mediation is a process, not a one-and-done session"] is often greeted by bankruptcy professionals with blank stares.   They can't imagine why they'd want to mediate bankruptcy disputes any differently... Continue Reading →

Additional Comments to Prior Post on, “Mediator Testifying as a Witness?! A New Appellate Opinion on Mediation Confidentiality”

LinkedIn Discussion Response to Mediator Testifying as a Witness?! A New Appellate Opinion on Mediation Confidentiality   Click here to view full discussion commentators credentials.

Don’t Let This Happen to You: Milwaukee Archdiocese Bankruptcy – Part One, The Mediations

By Donald L. Swanson Every now and then something happens that becomes the model for how-not-to-do-this and a symbol of don't-let-this-happen-to-you.  The Archdiocese of Milwaukee bankruptcy is one of those somethings. It's the "longest-running and most contentious" of the 14 Catholic Church bankruptcies filed since 2004 to address sex abuse liabilities. So says The Milwaukee... Continue Reading →

Mediator Testifying as Witness?! A New Appellate Opinion on Mediation Confidentiality

By: Donald L. Swanson Here’s something you don’t see every day: an appellate opinion on mediation confidentiality.  It allows a mediator to testify about what happened in the mediation. The opinion is a week old -- dated April 12, 2016 -- and is published here.  The case is Shriner v. Friedman Law Offices, 23 Neb. App.... Continue Reading →

They’re in a Bit of a Pickle, Part Two: What if the City of Chicago Files Bankruptcy?

By: Donald L. Swanson If the City of Chicago were to file bankruptcy, the Bankruptcy Court in Chicago would find itself in a bit of a pickle. It's not a between-a-rock-and-a-hard-place type of pickle. It's more of a between-a-rock-and-an-I-don't-want-to-go-there pickle. First of all, let's note that prospects for a City of Chicago bankruptcy filing are... Continue Reading →

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