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
What’s the Fascination With Requesting an Unnamed “Sitting Bankruptcy Judge” as Bankruptcy Mediator?
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 by stipulating as follows: sitting bankruptcy judges are superb professionals and wonderful people. And I can confirm this stipulation to be true in the courts where I practice!!!!
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.
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
By Donald L. Swanson
Whoa Nelly!!
Who saw this one coming?
BloombergBusiness reports as follows about yesterday’s hearing in Chicago on Caesars Entertainment’s Motion to appoint a mediator:
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
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 may be precisely what these cases need to avoid further delays and costs associated with wasteful and unnecessary litigation.”
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 to settle. And the mediation session concludes later that day without a settlement agreement.
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.”