Action Item. At every significant development in a bankruptcy case, beginning at its earliest stages, parties should consider whether a mediation process might be helpful immediately in resolving remaining disputes. #bankruptcy #mediation #bankruptcymediation
6 Reasons Why Bankruptcy Mediation is a Process, not a One-and-Done Session: PART TWO — NEED FOR QUICK RESOLUTION
By Donald L. Swanson "You can't fight every battle all the time," and "You have to get as many settlements as you can—as fast as you can." These are truisms for debtor's bankruptcy counsel. In a Chapter 11 case, the debtor's best-interest is to identify resolvable disputes promptly, get each of them settled as quickly... Continue Reading →
Argentina: What Can We Learn From a Mediation That Achieves $8 Billion in Cash Settlements From a Distressed Debtor?
By: Donald L. Swanson The distressed debtor is the Republic of Argentina. Ok .. . so not everyone gets to handle a case of this magnitude. But, as for $8 billion in cash settlement payments and $100 billion in total defaults . . . it's merely a matter of locating the decimal point in a... Continue Reading →
Freedom of the Press v. Mediation Confidentiality: Inside A Bankruptcy Court Dust-Up
By: Donald L. Swanson A Bankruptcy Court Judge is concerned about “leaks of sensitive, non-public information concerning the bidding process and mediation.” The bankruptcy case is In re Molycorp, Inc. (Case No. 15-11357 in the District of Delaware). A "Leaks" Problem The Bankruptcy Judge identifies three Bloomberg articles authored by Jodi Xu Klein and others... Continue Reading →
ACTION ITEM: from Part One — Bankruptcy Needs its Own Mediation Model
By Donald L. Swanson Action Item. Before blindly following a one-and-done mediation model from non-bankruptcy cases, we need to consider how each bankruptcy mediation might differ from non-bankruptcy contexts. #bankruptcy #mediation #bankruptcymediation
6 Reasons Why Bankruptcy Mediation is a Process, not a One-and-Done Session: PART ONE — A DIFFERENT MEDIATION MODEL
By Donald L. Swanson Bankruptcy needs a larger mediation process than the one-and-done-session model that’s common in non-bankruptcy cases An iteration of the title above ["Bankruptcy mediation is a process, not a one-and-done session"] is often greeted by bankruptcy professionals with blank stares. They can't imagine why they'd want to mediate bankruptcy disputes any differently... Continue Reading →
Additional Comments to Prior Post on, “Mediator Testifying as a Witness?! A New Appellate Opinion on Mediation Confidentiality”
LinkedIn Discussion Response to Mediator Testifying as a Witness?! A New Appellate Opinion on Mediation Confidentiality Click here to view full discussion commentators credentials.
Mediator Testifying as Witness?! A New Appellate Opinion on Mediation Confidentiality
By: Donald L. Swanson Here’s something you don’t see every day: an appellate opinion on mediation confidentiality. It allows a mediator to testify about what happened in the mediation. The opinion is a week old -- dated April 12, 2016 -- and is published here. The case is Shriner v. Friedman Law Offices, 23 Neb. App.... Continue Reading →
The Detroit Bankruptcy Creates “An Ideal Model for Future Municipal [and Other?] Debt Restructurings”
By Donald L. Swanson Bankruptcy Judge Steven Rhodes declares in his Detroit plan confirmation opinion (Doc. 8257) that the mediated settlements: --Are “an extraordinary accomplishment in bankruptcy”; and --Create “an ideal model for future municipal debt restructurings.” With the benefit of hindsight, we can all agree with Judge Rhodes on both points. But why not... Continue Reading →
ACTION ITEM: from Regional Mediation Hubs Proposal Post — Part Three
Action Item. This Regional Mediation Hubs proposal would mitigate many concerns of far-away defendants, improve efficiency of preference processes, and increase the number of cases actually mediated. Accordingly, it should be adopted and implemented as soon as possible. #bankruptcy #mediation #bankruptcymediation
MEDIATBANKRY 