On Bankruptcy and Mediation
GUEST ARTICLE: Robert M. Fishman mediates bankruptcy disputes across the entire U.S.A. Mr. Fishman hails from Chicago and provides the following article on a recent revocation of Local Bankruptcy Rules on mediation in the Northern District of Illinois. IT’S ALL ABOUT THE CULTURE By Robert M. Fishman What makes mediation the “go to” approach... Continue Reading →
Action Item. In every dispute, we should consider whether mediation and conciliation might be the best approach.
By Donald L. Swanson Bishop George Thomas of Helena, Montana, says in late-February 2016: "A conciliatory approach toward sex-abuse victims helped to minimize the expenses associated with the bankruptcy process." And the expense minimization is huge! The Roman Catholic Diocese of Helena, Montana, files for bankruptcy protection in January of 2014. Prior to filing, the... Continue Reading →
Action Item. We should all be encouraging every bankruptcy judge to promote bankruptcy mediation now, as a way to prepare for future days when the bankruptcy season arrives again. #bankruptcy #mediation #bankruptcymediation
By Donald L. Swanson Here's how a season change worked, as I recall, in the early 1980s: we are at the early stages of an economic recession. The local Bankruptcy Court has one judge, one secretary and a few people in the Clerk's office. As the economic recession intensifies, the local Court's workload explodes. Motion... Continue Reading →
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 →
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 →
Action Item. Any party seeking appointment of a "sitting bankruptcy judge" as mediator should identify the desired judge and provide information on that judge's mediation training, background and experience -- and disclose compensation arrangements. #bankruptcy #mediation #bankruptcymediation
By Donald L. Swanson The Motion to appoint a mediator in the Caesars Entertainment bankruptcy suggests that an unnamed "sitting bankruptcy judge" be appointed. And filings by others in support of the Motion agree. The unnamed "sitting bankruptcy judge" suggestion seems to be common in many cases. But there is a better approach. Let's begin... Continue Reading →
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 →
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