On Bankruptcy and Mediation
By: Donald L. Swanson More than three years of wasted litigation: that’s what it looks like from the outside. The parties had been fighting, in 2012 and early 2013, about a management agreement for operating a casino. But in June of 2013 the fight changes from a dispute over the management agreement to a dispute... Continue Reading →
By: Donald L. Swanson The response of the [American Bar] Association to that 1976 re-examination of Pound’s criticism was immediate . . . One very important program was aimed at developing alternative methods for resolving disputes. --Chief Justice Warren E. Burger, February 12, 1984. Roscoe Pound, a young man from Nebraska in 1906, became... Continue Reading →
By: Donald L. Swanson In days-gone-by, civil lawsuits commonly end in a judgment after trial or an appeal. Today, civil lawsuits commonly end in a mediated settlement. On February 12, 1984, Chief Justice Warren E. Burger explains some early history for such change, to a meeting of the American Bar Association. His speech begins like... Continue Reading →
By: Don Swanson I’m always hesitant to say something doesn’t exist . . . because I might have missed it. --Nevertheless, I’m going to give it a shot, knowing I can, later, edit-out any error brought to my attention. My focus, here, is on whether bankruptcy courts within the Eighth Circuit Court of Appeals system (the... Continue Reading →
By: Donald L. Swanson Alternative dispute resolution provisions (“ADR”) involving arbitration and compromises have been part of U.S. bankruptcy laws since at least 1898. ADR Bankruptcy History – From 1898 An 1899 publication of the U.S. “National Bankruptcy Act of 1898” provides for “Arbitration of Controversies” and for “Compromises” in consecutive sections as follows: --“§... Continue Reading →
By: Donald L. Swanson Who knew that the City of Detroit’s confirmed bankruptcy plan is still in legal jeopardy? Well . . . it is. But the jeopardy today is much-less than it was two days ago. Several Detroit pensioners had challenged the City of Detroit’s plan confirmation order because the plan reduced their benefits. ... Continue Reading →
By: Donald L. Swanson Four law firms are squabbling over how to divide a $20 million attorney fees fund in a bankruptcy case. [Insert your own derisive epithet here.] The Facts A two-year and multi-session mediation results in settlements of asbestos-related claims. One such settlement involves a $90 million payment from an insurance company, $70... Continue Reading →
By: Donald L. Swanson C. Edward Dobbs, Partner at Parker Hudson Rainer & Dobbs, is a leading expert... Continue Reading →
By: Donald L. Swanson “Food deserts” are “places where many residents don’t have access to a full-service grocery store within a mile of home in urban areas or 10 miles in rural ones.” --Wall Street Journal, 7/12/2015 “Mediation deserts” are courts that don’t (or won’t) provide access, by rule or statute, to mediation as a... Continue Reading →
By: Donald L. Swanson Bankruptcy courts have drawn the short mediation straw and are lagging behind: --they don’t have a Federal rule of procedure for mediation. Every other court in the bankruptcy-related court system has such a rule: --The U.S. district courts have Fed.R.Civ.P. 16(c)(2) & 53 [as discussed in this article]. --The U.S. courts... Continue Reading →
MEDIATBANKRY 