On Bankruptcy and Mediation
By Donald L. Swanson Get this: all six mediators in the Detroit Bankruptcy are sitting or retired federal judges -except one. Eugene Driker is the lone exception. He is the only private-practice mediator in the group - or, as Mr. Driker describes it, “I was the civilian.” That makes him an example and hero... Continue Reading →
Action Item. We should all be encouraging every bankruptcy judge to promote bankruptcy mediation now, as a way to prepare for future days when the bankruptcy season arrives again. #bankruptcy #mediation #bankruptcymediation
By Donald L. Swanson Here's how a season change worked, as I recall, in the early 1980s: we are at the early stages of an economic recession. The local Bankruptcy Court has one judge, one secretary and a few people in the Clerk's office. As the economic recession intensifies, the local Court's workload explodes. Motion... Continue Reading →
Action Item. We should all be encouraging our local bankruptcy courts to adopt local rules on mediation, establish mediation requirements for adversary proceedings and Chapter 11 plans, look for cases where mandatory mediation orders might be helpful–and issue such orders, and get the local bar accustomed to using mediation as a standard dispute resolution tool.... Continue Reading →
By Donald L. Swanson Sometimes, the old ways aren’t enough. Sometimes, a little creativity (or lots of it) is needed to address the task at hand. You’ve got to hand it to the Bankruptcy Judge in the Detroit case: Steven Rhodes. He knew it when he saw it: the old ways would not be enough... Continue Reading →
By Donald L. Swanson If I were a bankruptcy judge [I'm not and have no aspirations to become one], I’d be doing everything in my power to promote mediation in my court—right now. For example, I’d adopt local rules on mediation, establish mediation requirements for adversary proceedings and Chapter 11 plans, look for cases where... Continue Reading →
Action Item. Any party seeking appointment of a "sitting bankruptcy judge" as mediator should identify the desired judge and provide information on that judge's mediation training, background and experience -- and disclose compensation arrangements. #bankruptcy #mediation #bankruptcymediation
By Donald L. Swanson The Motion to appoint a mediator in the Caesars Entertainment bankruptcy suggests that an unnamed "sitting bankruptcy judge" be appointed. And filings by others in support of the Motion agree. The unnamed "sitting bankruptcy judge" suggestion seems to be common in many cases. But there is a better approach. Let's begin... Continue Reading →
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 →
Action Item. We should all look for special circumstances in which a mandatory mediation order might be beneficial–and then ask the court to require a mediation in such circumstances. #bankruptcy #mediation #bankruptcymediation #mandatorymediation
MEDIATBANKRY 