On Bankruptcy and Mediation
Advocating for a position (photo by Marilyn Swanson) By: Donald L Swanson “Neutral Offering Solutions had long-term negative associations” in mediation. That’s a finding from a study of small claims mediations, titled “What Works” [Fn. 1] “Neutral Offering Solutions” refers to a mediator offering ideas for solutions and then advocating for those ideas. Study’s Conclusion In... Continue Reading →
Deprived of usefulness (photo by Marilyn Swanson) By Donald L. Swanson An appellate court is deprived of continuing jurisdiction over an appeal once the disputing parties reach a settlement. There’s nothing remarkable about that proposition. But what's interesting is: the technical, legal and constitutional foundation behind that proposition; which is provided by the U.S. Court of... Continue Reading →
A handshake? (Photo by Marilyn Swanson) By Donald L. Swanson The handshake, as a social ritual, has been around for a very long time. In days of olde, the handshake probably served a dual role: as a sign of peaceful greeting; and as a way to assure that the other person isn’t holding a dagger or... Continue Reading →
A coffee orchard: here's how it's done By: Donald L. Swanson There are many reasons to mandate mediation in certain circumstances. One is to improve the quality of justice. Another is to manage an expanding docket and burgeoning caseload. A third is to create a mediation culture where none currently exists. There are two ways to... Continue Reading →
Window refreshed? (Photo by Marilyn Swanson) By: Donald L Swanson Everyone knows by now of a problem in the Southern Texas Bankruptcy Court with a judge who resigned over ethics controversies. That resignation did not solve anything for the cases in which that judge was involved. Instead, the controversies continue to mushroom in a variety of... Continue Reading →
Deception? By: Donald L Swanson Plaintiff claims to have been deceived into reaching a mediated settlement agreement—and refuses to proceed with the agreement. The U.S. District Court rejects Plaintiff’s deception claim. And the U.S. Sixth Circuit Court of Appeals affirms. The Sixth Circuit’s opinion is White v. Perron, Case No 23-1542, decided September 25, 2023. Facts White... Continue Reading →
Roundness (photo by Marilyn Swanson) By: Donald L Swanson A study on using round-number offers and precise-number offers in negotiations reaches these two conclusions: Round numbers signal completion—and so, negotiators are more likely to accept a round number offer (e.g., $3,000) than a precise number offer (e.g., $3,278.23); and Precise numbers are perceived as factual and... Continue Reading →
Making it work -- Mandating action (photo by Marilyn Swanson) By Donald L. Swanson Recent expressions of concern about courts mandating mediation reminded me of a mandated mediation process that worked well: the City of Detroit bankruptcy. An illustration of the success of mandated mediation in the Detroit case is this line: The Bankruptcy Judge... Continue Reading →
Backing away? (Photo by Marilyn Swanson) By: Donald L Swanson The opinion is In re Legarde, Case No. 22-12184, Eastern Pennsylvania Bankruptcy Court (issued September 14, 2023; Doc. 112). Facts Debtor claims Creditor raped her. Then, Debtor posts stuff about Creditor on the internet. So, Creditor sues Debtor for defamation, alleging willful and malicious conduct. Bankruptcy... Continue Reading →
A tapering approach? (Photo by Marilyn Swanson) By: Donald L Swanson "What’s the Best Way to Give Ground in Negotiations?" is the report of a study on negotiating strategies. [Fn.1] What follows is a summary of that report. Overview In negotiating, a key challenge is to decide how much to change your offer at each round... Continue Reading →
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