Action Item. Here's a simple procedural step: incorporate a mediation requirement into the court’s standard pre-trial order form for adversary proceedings. Such provision could be as short and simple as requiring attorneys to, “Identify a date by which the parties will schedule a mediation session.” #bankruptcy #mediation #bankruptcymediation #mandatorymediation
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 →
“Momma Doesn’t Want to Settle”: The Value of Mandatory Mediation — Part One
By Donald L. Swanson An assistant pokes her head into my office and says, "Momma doesn't want to settle." This assessment comes from observations made while escorting a husband/wife creditor to a conference room for today's mediation session. It's a court-mandated mediation. At issue are plan confirmation disputes in a Chapter 11 case. Sure enough, Momma does not want... Continue Reading →
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