Conceit-Of-The-Present: In Science, Construction, Mediation and Bankruptcy
From antiquity (photo by Marilyn Swanson) By: Donald L Swanson Conceit-of-the-present is this: thinking that people of today are smarter, more sophisticated and better than people of the past. There...
View ArticleRequired Disclosure Of “Last Offers” By Mediating Parties (In re Genesis Global)
Disclosure? (Photo by Marilyn Swanson) By: Donald L Swanson “within three (3) business days of termination of the mediation, the Debtors shall publicly disclose the terms of the last offers extended by...
View Article3M CEO Ordered To Personally Attend Mediation Sessions (In re 3M Combat...
In-person involvement (photo by Marilyn Swanson) By: Donald L Swanson 3M’s Chief Executive Officer “must personally attend, and listen and engage directly with the mediators.” From mediation Order...
View ArticleThe Tapering Concessions Approach To Negotiating (A Study)
A tapering approach? (Photo by Marilyn Swanson) By: Donald L Swanson "What’s the Best Way to Give Ground in Negotiations?" is the report of a study on negotiating strategies. [Fn.1] What follows is a...
View ArticleSubchapter V Trustee’s “Facilitate” Duty: A Confidentiality Dilemma
A dilemma: elegance or country? (Photo by Marilyn Swanson) By: Donald L Swanson A Subchapter V Trustee “shall . . . facilitate the development of a consensual plan of reorganization.” [Fn. 1] This is...
View ArticleEnforcing A Mediated Settlement Agreement When Debtor Backs Out (In re Legarde)
Backing away? (Photo by Marilyn Swanson) By: Donald L Swanson The opinion is In re Legarde, Case No. 22-12184, Eastern Pennsylvania Bankruptcy Court (issued September 14, 2023; Doc. 112). Facts Debtor...
View ArticleHow a Judge Makes Mediation Work: Mandatory Mediation
Making it work -- Mandating action (photo by Marilyn Swanson) By Donald L. Swanson Recent expressions of concern about courts mandating mediation reminded me of a mandated mediation process that worked...
View ArticleShould Negotiation Offers Be In Round Numbers Or Precise Numbers? (A Study)
Roundness (photo by Marilyn Swanson) By: Donald L Swanson A study on using round-number offers and precise-number offers in negotiations reaches these two conclusions: Round numbers signal...
View ArticleRefreshing A Concluded Mediation—Because Of Mediator’s Ethics Improprieties...
Window refreshed? (Photo by Marilyn Swanson) By: Donald L Swanson Everyone knows by now of a problem in the Southern Texas Bankruptcy Court with a judge who resigned over ethics controversies. That...
View ArticleThe Handshake: A Negotiating Tool? (A Study)
A handshake? (Photo by Marilyn Swanson) By Donald L. Swanson The handshake, as a social ritual, has been around for a very long time. In days of olde, the handshake probably served a dual role: as a...
View ArticleIs It OK to Mediate A Mass Tort Bankruptcy Plan Without Including Insurers...
All are included (photo by Marilyn Swanson) By: Donald L Swanson Here’s a due process question that’s percolating before the U.S. Supreme Court and a related mediation issue: The due process question...
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