By: Donald L. Swanson "War and Peace: Recent Trends and Developments in Bankruptcy Litigation and Mediation" --That's the title of the "Committee Education Session, Mediation / Bankruptcy Litigation," at the American Bankruptcy Institute's Annual Spring Meeting in Washington, D.C., next Month -- April 14-17, 2016. We look forward to seeing everyone there! Click here to... Continue Reading →
Bankruptcy Mediation for the Little Guy – Part 2: Nebraska in the Lead
By Matthew Gillespie In my previous post, I discussed the Nebraska’s Federal Practice Fund: a fund based on attorney admission fees that, inter alia, allows parties in bankruptcy proceedings to apply for funds to pay their portion of mediation fees when they’re unable to pay themselves. Nebraska’s District Court adopted this measure under the umbrella... Continue Reading →
Bankruptcy Mediation for the Little Guy – Part 1: Financial Assistance
By Matthew Gillespie Of all the benefits mediation provides, the perennial favorite is this: it saves money! Not only can a successful mediation conclude a dispute without the rigmarole and expense of a hearing (or worse, trial), but even unsuccessful mediations can bring the parties closer to resolution of the dispute another time. But what... Continue Reading →
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 →
ACTION ITEM: From Helena Diocese Reorganization Post
Action Item. In every dispute, we should consider whether mediation and conciliation might be the best approach.
Slashing Reorganization Costs by Early Mediation: Helena Diocese Shows the Way
By Donald L. Swanson Bishop George Thomas of Helena, Montana, says in late-February 2016: "A conciliatory approach toward sex-abuse victims helped to minimize the expenses associated with the bankruptcy process." And the expense minimization is huge! The Roman Catholic Diocese of Helena, Montana, files for bankruptcy protection in January of 2014. Prior to filing, the... Continue Reading →
ACTION ITEM: from If I were a Bankruptcy Judge — Part Two Post
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
If I Were a Bankruptcy Judge, I’d be Promoting Bankruptcy Mediation Now — Part Two
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: from If I were a Bankruptcy Judge — Part One Post
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 →
If I were a Bankruptcy Judge, I’d be Promoting Bankruptcy Mediation Now — Part One
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 →
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