By: Donald L Swanson Unsecured Claim + Bankruptcy = You Lose. I came up with this formula back in 1983, while preparing for a seminar presentation on basic bankruptcy law. I was trying to come up with something creative to say. And . . . I must confess . . . I thought it was... Continue Reading →
By Donald L. Swanson Here are two recent news articles on similar subjects and similar circumstances . . . but with dramatically different approaches and results. The first is from Yahoo Sports, dated June 20, 2016, titled, Attorney: Art Briles was a no-show at mediation meeting with [rape] victim. The second is from... Continue Reading →
Action Item. Issues relating to settlement impediments, parties, information and discovery, use of joint sessions, and tax implications need to be discussed in advance by the mediator with parties and their attorneys to prepare for multiparty mediation sessions.
By Donald L. Swanson Advance communications among the mediator, the parties and their attorneys can be helpful in creating an organization, structure and efficiency for multiparty mediation sessions. The following are items one through five in a ten-item checklist of the types of subjects that should be addressed in the advance communications: Item One. Settlement... Continue Reading →
By: Donald L Swanson Back in 2011, the Third Circuit Court of Appeals wrote a scathing opinion about the behavior of the disputing parties in the Nortel Networks bankruptcy case. The Third Circuit's opinion is published at In re Nortel Networks, Inc., 669 F.3d 128 (3rd Cir. 2011). However, the Third Circuit's judicial scolding has had... Continue Reading →
By: Donald L Swanson Proactive mediation seems to be gaining traction in cases with large numbers of claimants and large amounts of money at stake. Examples are the City of Detroit bankruptcy, the diocese bankruptcies, and the Argentina debt cases. We can now add another example to the list: the multi-district case of In re... Continue Reading →
A learned-the-hard-way lesson for multiparty mediation is this: Advance communications are needed to prepare multiple parties for final negotiations.
By Donald L. Swanson Here’s a confession. I’m in a four-party mediation. It begins at 9:30 a.m. in a joint 30-minute meeting. The mediator then spends 30 minutes with each party. It’s now noon — we’re taking lunch orders — and the mediation process has only just begun! At mid-afternoon, positions are far apart, and... Continue Reading →
By: Donald L Swanson First of all, I know this suggestion will never happen. But it should. This suggestion, if implemented long ago, would have dramatically increased odds of a mediated settlement in the Nortel bankruptcy. Such a settlement would have stopped the excessively-expensive and excessively-long-running legal battles in the Nortel Networks bankruptcy (Case No.... Continue Reading →