On Bankruptcy and Mediation
LinkedIn Discussion Response to Mediator Testifying as a Witness?! A New Appellate Opinion on Mediation Confidentiality Click here to view full discussion commentators credentials.
By Donald L. Swanson Every now and then something happens that becomes the model for how-not-to-do-this and a symbol of don't-let-this-happen-to-you. The Archdiocese of Milwaukee bankruptcy is one of those somethings. It's the "longest-running and most contentious" of the 14 Catholic Church bankruptcies filed since 2004 to address sex abuse liabilities. So says The Milwaukee... Continue Reading →
By: Donald L. Swanson If the City of Chicago were to file bankruptcy, the Bankruptcy Court in Chicago would find itself in a bit of a pickle. It's not a between-a-rock-and-a-hard-place type of pickle. It's more of a between-a-rock-and-an-I-don't-want-to-go-there pickle. First of all, let's note that prospects for a City of Chicago bankruptcy filing are... Continue Reading →
By Donald L. Swanson The panel of three people [two attorney mediators and a judge mediator] is superb. We are at the American Bankruptcy institute's Annual Spring Meeting in Washington, D.C.. The day begins with a fire-alarm evacuation of the hotel/convention center. But once this education session begins, the effort to get here is justified.... Continue Reading →
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 →
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