On Bankruptcy and Mediation
By Donald L. Swanson Bankruptcy Judge Steven Rhodes declares in his Detroit plan confirmation opinion (Doc. 8257) that the mediated settlements: --Are “an extraordinary accomplishment in bankruptcy”; and --Create “an ideal model for future municipal debt restructurings.” With the benefit of hindsight, we can all agree with Judge Rhodes on both points. But why not... Continue Reading →
Action Item. This Regional Mediation Hubs proposal would mitigate many concerns of far-away defendants, improve efficiency of preference processes, and increase the number of cases actually mediated. Accordingly, it should be adopted and implemented as soon as possible. #bankruptcy #mediation #bankruptcymediation
By Donald L. Swanson The proposal for mega-case avoidance actions is to hold mediation sessions in regional hub cities near where multiple defendants reside (instead of Wilmington or New York City) and include trained mediators from those regions on the panel of mediators. A West Coast example of how the proposal could help is In... Continue Reading →
Action Item. Why not offer a Regional Mediation Hubs alternative to these VeraSun defendants? Why not let them opt to mediate their disputes in one of three locations—Omaha, Minneapolis or Chicago—instead of Wilmington? The extra cost of Regional Mediation Hubs to the bankruptcy estate should consist of some plane tickets and overnight lodgings for a... Continue Reading →
By Donald L. Swanson Avoidance defendants from fly-over country believe they get a raw deal in mega-case mediations. An example is In re VeraSun Energy Corporation, et al, Case No. 08-12606 in Delaware. The VeraSun case involves eighteen ethanol production plants located throughout the corn producing areas of the United States. After § 363 sales... Continue Reading →
By Donald L. Swanson Reuters reports that, Caesars Entertainment signs a "non-disclosure agreement" with various parties "as part of mediation process." Here's saying that the parties to any such "non-disclosure agreement" are in a bit of a pickle. Here's why. The Bankruptcy Court in Chicago recently deleted its Local Rules on mediation. So, the question is... Continue Reading →
Detroit’s use of multiple mediators and hundreds of mediation sessions is not surprising. How else could a Court deal with billions of dollars of debt and a multitude of creditors of a City that must keep operating and must meet the daily needs of its hundreds of thousands of inhabitants.
Action Item. Here’s the proposal: hold mediation sessions in regional hub cities near where multiple defendants reside (instead of Wilmington or New York City) and include trained mediators from those regions on the panel of mediators.
Mandatory mediation requirements are built into labor contracts, in accordance with requirements of Federal statutes.
Here’s the proposal: hold mediation sessions in regional hub cities near where multiple defendants reside (instead of Wilmington or New York City) and include trained mediators from those regions on the panel of mediators.
MEDIATBANKRY 