Local Mediation Rules Revoked in Chicago Bankruptcy Court?! Insights From a Chicago Mediator (Updated 3/24/2016 with Responses)

GUEST ARTICLE: Robert M. Fishman mediates bankruptcy disputes across the entire U.S.A. Mr. Fishman hails from Chicago and provides the following article on a recent revocation of Local Bankruptcy Rules on mediation in the Northern District of Illinois. IT’S ALL ABOUT THE CULTURE   By Robert M. Fishman What makes mediation the “go to” approach... Continue Reading →

Local Bankruptcy Rules Without Mandatory Mediation Authority Are Like A Toolbox Without A Vise-Grip

By Donald L. Swanson Fix-it folks have tool boxes full of screw drivers, pliers, box-end and open-end wrenches, crescent and socket wrenches, etc., for handling nuts, bolts and screws. But when fix-it folks need a tool that grabs-and-holds and won't-let-go, they pull a vise-grip from the toolbox.  Similarly, judges have local rules [a toolbox] full... Continue Reading →

Revoked Mediation Rules in Chicago’s Bankruptcy Court?!

By Donald L. Swanson Whoa Nelly!! Who saw this one coming? BloombergBusiness reports as follows  about yesterday's hearing in Chicago on Caesars Entertainment's Motion to appoint a mediator:  Mediation is a great idea that is months overdue, [Bankruptcy Judge] Goldgar said. But last month, the local rules that gave federal judges power to order mediation in... Continue Reading →

Judge Denies Mediation Motion in Caesars Entertainment Bankruptcy “As Unnecessary”

By Donald L. Swanson Caesars Entertainment recently filed its Motion to appoint a mediator for plan confirmation issues. Thereafter, nearly a dozen responses to the Motion are filed by creditors and other constituencies.  No response opposes the Motion—most offer suggestions for maximizing mediation effectiveness.  An ad hoc committee’s response even declares:  “the Debtors’ proposed mediation... Continue Reading →

Caesars Entertainment Bets on Mediation — A Developing Trend?

By Donald L. Swanson Mediation should be standard procedure in Chapter 11 plan confirmation processes. Many of us have been arguing this point for years!  Caesars Entertainment now agrees and is placing its bet accordingly.  Caesars Entertainment files for Chapter 11 relief in the Northern District of Illinois on January 15, 2015 (Case No.15-01145).  On... Continue Reading →

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