On Bankruptcy and Mediation
Weak and strong (photo by Marilyn Swanson) By: Donald L Swanson Persuasion plays a pivotal role in all legal contexts: e.g., pleadings, motions, hearings, mediations, trials and appeals. A recent study on “Strategic Storytelling” [Fn. 1] looks at how the use of a story to present facts works as a tool of persuasion. Prior research has... Continue Reading →
Making progress with each step (photo by Marilyn Swanson) By: Donald L Swanson Very positive. That’s the experience in Subchapter V so far, with the “facilitate” role of a trustee in achieving consensual or uncontested plan confirmations. What the Subchapter V experience demonstrates is this: early involvement of an independent person, focused on achieving a consensual... Continue Reading →
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 →
By: Donald L Swanson Once a negative impression is formed about an individual, there is a tendency to view everything else about this person in negative terms. [Fn. 1] A Loss-of-“Trust” Story I remember mediating a commercial dispute, many years ago, between two parties: let’s call them Party A and Party B. One of the disputed... 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 →
U.S. Government (photo by Marilyn Swanson) By: Donald L Swanson We are focusing, here, on a mediation study titled, “Dispute Resolution and the Vanishing Trial: Comparing Federal Government Litigation and ADR Outcomes” (the "Vanishing Trial Study"). [Fn. 1] Some History & A Hypothesis A 2006 publication titled, “A World Without Trials,” documents a decline in the... 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 →
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 courthouse (photo by Marilyn Swanson) By: Donald L Swanson When an opt-out for good cause exists, early referral of a case to mediation facilitates settlement. --This conclusion is from a “large sample” study of mediations involving the federal government as party defendant. The “large sample” study is reported as, “Dispute Resolution and the Vanishing Trial:... Continue Reading →
"Welcome to the website of the HELLENIC UNION OF MEDIATORS" (translation of first line in this photo) By: Donald L Swanson There are many people, around the world, doing excellent work in promoting the use of mediation as a dispute resolution tool. One such organization is the Hellenic Union of Mediators, located in Athens, Greece (the... Continue Reading →
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