By Donald L. Swanson The Wall Street Journal reports that the Gallup (New Mexico) Diocese filed today (Monday, March 21, 2016) a mediated plan of reorganization in its bankruptcy proceeding. Here are some blurbs from the Wall Street Journal report: The Roman Catholic Diocese of Gallup, N.M., unveiled today "a $22 million reorganization plan, the bulk of... Continue Reading →
Mediating Detroit’s Pension Disputes: The Process Explained (Updated with Responses 3/24/16)
By Donald L. Swanson 40 people are in the room at the first mediation session about Detroit’s two pension plans. There aren’t enough chairs in the room to go around, so the mediator, Eugene Driker, stands for the entire four-hour meeting. This is an unusual mediation: Its issues and disputes are newly joined, so the... Continue Reading →
Eugene Driker: Private Practice (“Civilian”) Mediator in Detroit’s Bankruptcy
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: 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 →
Mandatory Mediation: Here’s How it’s Done – The Detroit Example
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 →
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 →
Local Bankruptcy Rules Without Mandatory Mediation Authority Are Like A Toolbox Without A Vise-Grip
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: from “Momma Doesn’t Want to Settle” — Part Two Post
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
“Momma Doesn’t Want to Settle”: The Value of Mandatory Mediation — Part Two
By Donald L. Swanson Ad hoc orders mandating mediation have a different dynamic than planned-for mediations. Usually, ad hoc orders arise because a judge sees special circumstances and orders the parties to mediate. Such orders get a bad rap because they tend to achieve fewer settlements from one-and-done sessions than are achieved in planned-for... Continue Reading →
Revoked Mediation Rules in Chicago’s Bankruptcy Court?!
By Donald L. Swanson Whoa Nelly!! Who saw this one coming? BloombergBusiness reports as follows about yesterday's hearing in Chicago on Caesars Entertainment's Motion to appoint a mediator: Mediation is a great idea that is months overdue, [Bankruptcy Judge] Goldgar said. But last month, the local rules that gave federal judges power to order mediation in... Continue Reading →
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