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 →
ACTION ITEM: from “Momma Doesn’t Want to Settle” — Part One Post
Action Item. Here's a simple procedural step: incorporate a mediation requirement into the court’s standard pre-trial order form for adversary proceedings. Such provision could be as short and simple as requiring attorneys to, “Identify a date by which the parties will schedule a mediation session.” #bankruptcy #mediation #bankruptcymediation #mandatorymediation
Judge Denies Mediation Motion in Caesars Entertainment Bankruptcy “As Unnecessary”
By Donald L. Swanson Caesars Entertainment recently filed its Motion to appoint a mediator for plan confirmation issues. Thereafter, nearly a dozen responses to the Motion are filed by creditors and other constituencies. No response opposes the Motion—most offer suggestions for maximizing mediation effectiveness. An ad hoc committee’s response even declares: “the Debtors’ proposed mediation... Continue Reading →
“Momma Doesn’t Want to Settle”: The Value of Mandatory Mediation — Part One
By Donald L. Swanson An assistant pokes her head into my office and says, "Momma doesn't want to settle." This assessment comes from observations made while escorting a husband/wife creditor to a conference room for today's mediation session. It's a court-mandated mediation. At issue are plan confirmation disputes in a Chapter 11 case. Sure enough, Momma does not want... Continue Reading →
Lessons from Detroit Bankruptcy Mediators on Mediation Success
By Donald L. Swanson Judge Gerald E. Rosen and Attorney Eugene Driker, mediators in the Detroit bankruptcy case, published this guest article in the Detroit Free Press on January 18, 2015. Here are some excerpts from the article: --“Mediation works, and can produce great benefits much more efficiently and expeditiously than other approaches.” --“Four ingredients... Continue Reading →
ACTION ITEM: from Caesars Entertainment Post
Action Item. Let's urge all constituencies in every Chapter 11 case to create a "successful path" toward plan confirmation by seeking the appointment of a mediator. #caesarsentertainment #bankruptcy #mediation #bankruptcymediation
Caesars Entertainment Bets on Mediation — A Developing Trend?
By Donald L. Swanson Mediation should be standard procedure in Chapter 11 plan confirmation processes. Many of us have been arguing this point for years! Caesars Entertainment now agrees and is placing its bet accordingly. Caesars Entertainment files for Chapter 11 relief in the Northern District of Illinois on January 15, 2015 (Case No.15-01145). On... Continue Reading →
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