On Bankruptcy and Mediation
A spectrum of light (photo by Marilyn Swanson) By: Donald L Swanson Assignment for benefit of creditors (“ABC”) under the common law is to bankruptcies and receiverships, what arbitration is to state and federal court lawsuits. The Alternative Dispute Resolution Act: defines alternative dispute resolution (“ADR”) as “any process or procedure, other than an adjudication by... Continue Reading →
By: Donald L. Swanson Here's the local rule (adopted in November 2017) allowing mediation in Chicago's Bankruptcy Court (emphasis added): RULE 9060-1 MEDIATION AND ARBITRATION Except to the extent required by the Bankruptcy Code or Federal Rules of Bankruptcy procedure, parties to an adversary proceeding or contested matter need not request court approval before pursuing... Continue Reading →
By: Donald L. Swanson The Alternative Dispute Resolution Act of 1998 ("ADR Act") is celebrating its twenty-year anniversary this year. It's impact has been highly effective -- but with some less-than-positive results. This article is about the latter. The ADR Act provides in 28 U.S.C. § 652(d): "Until such time as rules are adopted under... Continue Reading →
By: Donald L. Swanson 2018 marks the twenty-year anniversary of the Alternative Dispute Resolution Act of 1998 [codified at 28 U.S.C. § 651 et seq., the "ADR Act"]. Preamble The preamble to the ADR Act contains these findings on mediation: --“mediation . . . may have potential to reduce the large backlog of cases now... Continue Reading →
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