6 Reasons Why Bankruptcy Mediation is a Process, not a One-and-Done Session: PART ONE — A DIFFERENT MEDIATION MODEL

By Donald L. Swanson Bankruptcy needs a larger mediation process than the one-and-done-session model that’s common in non-bankruptcy cases An iteration of the title above ["Bankruptcy mediation is a process, not a one-and-done session"] is often greeted by bankruptcy professionals with blank stares.   They can't imagine why they'd want to mediate bankruptcy disputes any differently... Continue Reading →

Additional Comments to Prior Post on, “Mediator Testifying as a Witness?! A New Appellate Opinion on Mediation Confidentiality”

LinkedIn Discussion Response to Mediator Testifying as a Witness?! A New Appellate Opinion on Mediation Confidentiality   Click here to view full discussion commentators credentials.

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Don’t Let This Happen to You: Milwaukee Archdiocese Bankruptcy – Part One, The Mediations

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 →

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Mediator Testifying as Witness?! A New Appellate Opinion on Mediation Confidentiality

By: Donald L. Swanson Here’s something you don’t see every day: an appellate opinion on mediation confidentiality.  It allows a mediator to testify about what happened in the mediation. The opinion is a week old -- dated April 12, 2016 -- and is published here.  The case is Shriner v. Friedman Law Offices, 23 Neb. App.... Continue Reading →

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They’re in a Bit of a Pickle, Part Two: What if the City of Chicago Files Bankruptcy?

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 →

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Great Stuff at Joint Education Session of Mediation / Bankruptcy Litigation

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 →

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The Detroit Bankruptcy Creates “An Ideal Model for Future Municipal [and Other?] Debt Restructurings”

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 →

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ACTION ITEM: from Regional Mediation Hubs Proposal Post — Part Three

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

We Need Regional Mediation Hubs for Mega-Case Avoidance Actions — Part Three, a West Coast Example

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: from Regional Mediation Hubs Proposal Post — Part Two

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 →

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