On Bankruptcy and Mediation
By: Donald L Swanson A 2014 study looks at how people make judgments, based on the time it takes others to reach a decision. [Fn. 1] The central finding of the study is this: Long decision times are viewed as evidence of the decision maker’s doubt; andOthers make decisions based on the degree of doubt perceived.... Continue Reading →
A friendly fox? (Photo by Marilyn Swanson) By: Donald L Swanson A study of social behavior is titled, “Barriers to Transforming Hostile Relations: Why Friendly Gestures Can Backfire.” [Fn. 1] The findings and implications of this study are significant for mediation and other negotiation contexts! Background & Essential Finding Everyone knows that friendliness builds rapport and... Continue Reading →
https://youtu.be/Nzwt4vdHj70 By: Donald L Swanson Hon. Gerald E. Rosen (Ret.) serves as mediator, arbitrator and neutral evaluator in high-level business cases for the JAMS office in Detroit. Previously, Judge Rosen served as Chief Judge of the U.S. District Court for the Eastern District of Michigan, when the City of Detroit filed its Chapter 9 bankruptcy. Shortly thereafter,... Continue Reading →
https://youtu.be/k9xKjDz1IfM By: Donald L Swanson Hon. Gerald E. Rosen (Ret.) serves as mediator, arbitrator and neutral evaluator in high-level business cases for the JAMS office in Detroit. Previously, Judge Rosen served as Chief Judge of the U.S. District Court for the Eastern District of Michigan, when the City of Detroit filed its Chapter 9 bankruptcy. Shortly thereafter,... Continue Reading →
https://youtu.be/A0tM0kUr5Cc By: Donald L Swanson Hon. Gerald E. Rosen (Ret.) serves as mediator, arbitrator and neutral evaluator in high-level business cases for the JAMS office in Detroit. Previously, Judge Rosen served as Chief Judge of the U.S. District Court for the Eastern District of Michigan, when the City of Detroit filed its Chapter 9 bankruptcy. ... Continue Reading →
The ADR Spectrum By: Donald L Swanson Alternative dispute resolution (“ADR”) has always referred to the use of a neutral third party to help resolve disputes. But the recent addition of Subchapter V to the Bankruptcy Code has changed that. I’ll try to explain. Alternative Dispute Resolution Act of 1998 28 U.S.C. § 651(a) is part... Continue Reading →
By: Donald L. Swanson Pre-litigation mediation opportunities are provided in many farm states before a creditor can pursue legal action against a farmer on a delinquent obligation. Such early mediation efforts are highly effective in resolving disputes. Similarly, small businesses in financial stress and their creditors might engage in early efforts to forestall credit disputes. ... Continue Reading →
https://youtu.be/ysWRt4_-6uk By: Donald L Swanson The above interview talks about mediators in general and about judicial mediators (i.e., a sitting judges) and private mediators more specifically; and it offers suggestions for practitioners on choosing a mediator. Hon. Louis H. Kornreich (Ret.) is well-qualified to speak on such matters because of his, (i) long and distinguished service... Continue Reading →
A tough task (photo by Marilyn Swanson) By Donald L. Swanson Lawsuits opposing discharge are tough, to begin with. That’s true whether the action is under Sec. 523 (opposing discharge of the plaintiff’s claim) or under Sec. 727 (opposing discharge of all claims). Here are some reasons why: A revenge-type motivation is commonly involved, since all... Continue Reading →
Engaged in business or commercial activities? (photo by Marilyn Swanson) By: Donald L Swanson Negotiating a lease for office space in a portion of the debtor's business premises qualifies as “engaged in commercial or business activities" on the petition date for Subchapter V eligibility. That’s the ruling by Hon. Charles L. Nail, Jr., Bankruptcy Judge for... Continue Reading →
MEDIATBANKRY 