On Bankruptcy and Mediation
Judge Irving Kaufman By: Donald L. Swanson Judge Irving Kaufman is famous for many things, such as presiding over the Rosenberg espionage trial and rejecting the U.S. government’s attempt to deport John Lennon to the United Kingdom. But Judge Kaufman’s greatest legacy may be for his role in developing mediation as a primary dispute resolution... Continue Reading →
By: Donald L Swanson October 31, 2018, was the 20th anniversary of the Alternative Dispute Resolution Act of 1998 (the “ADR Act”). [Fn. 1] The ADR Act has had a profound impact on the practice of law throughout the federal court system. However, it also has shortfalls that are yet to be rectified. A Mediation Model:... Continue Reading →
By Donald L. Swanson On December 20, 2018, the United Nations General Assembly adopted a United Nations Convention on International Settlement Agreements Resulting from Mediation, and 52 countries have signed that Convention. It deals with enforcing mediated settlements of international commercial disputes. A Survey Leading up to adopting the Convention, studies were made to determine the... Continue Reading →
By: Donald L Swanson “All your assumptions on this are wrong.” --A visionary, back in 1999, on why video communications will work. Change It was nearly a decade ago, when I suggested participating in a mandated and far-away mediation by Skype. The Judge said, “No, because face-to-face communication is essential to mediation.” It was nearly a... Continue Reading →
By: Donald L Swanson Parties and their attorneys can misbehave in mediation. It happens . . . not very often—but it does happen. Sometimes, the misbehaviors can result in sanctions—but most times, they do not. This article is about two companion opinions, issued by the same court (U.S. Eleventh Circuit Court of Appeals) and within a... Continue Reading →
By: Donald L Swanson Here’s a cool development on enforcing mediated settlements of international commercial disputes: 46 nations have signed the United Nations Convention on International Settlement Agreements Resulting from Mediation (the Convention is linked here). A list of those 46 nations is available on this site. Resolution Adopting the Convention Here is a condensed version... Continue Reading →
The progress of bankruptcy mediation is nearly-always upward: toward expanding the use of local mediation rules.
The Uschold v NSMG opinion provides another illustration of the post-settlement work that mediation can accomplish when a court must weigh-in on the merits of a mediated agreement.
Mediation must adapt now and embrace the distancing.
Economic fallout from the corona virus will leave many formerly-successful businesses in financial stress.
MEDIATBANKRY 