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An Early History of Bankruptcy Statutes and Economic Conditions in the U.S.: 1776 to 1978

By: Donald L. Swanson

This article is a two-centuries history of Federal bankruptcy laws and economic conditions in the United States: from the Declaration of Independence in 1776 through the enactment of the current Bankruptcy Code in 1978. 992 more words

Bankruptcy Mediation

An Example of Mediation Success in Hostile and Difficult Circumstances (City of San Bernardino Bankruptcy)

By Donald L. Swanson

Timeline for a Plan Confirmation Dispute

November 11:  Creditor requests an order requiring mediation
November 14 (a.m.):  Debtor objects to request for mediation order… 857 more words

Bankruptcy Mediation

A "Compelling Reason" for Mandating Mediation: to Advocate for its Use

By:  Donald L. Swanson

Studies show that parties who have entered mediation reluctantly still benefited from the process even though their participation was not voluntary… 823 more words

Bankruptcy Mediation

Mediating Parties on Their Mediators: Handing Out Reviews

By:  Donald L. Swanson

What do mediating parties say about their mediators?

That’s what Prof. Stephen B. Goldberg and Margaret L. Shaw wanted to know. So, they do a study and report on it back in 2008, as follow-up to a prior study.   1,173 more words

Bankruptcy Mediation

Private Mediators: A Solution to Budget Pressures on Circuit Court Mediation Programs

By: Donald L. Swanson

The U.S. Circuit Courts of Appeals have, for many years, administered their own mediation programs for civil cases.  The administrators and mediators in such programs are, typically, Federal employees. 623 more words

Bankruptcy Mediation

Thirty Experienced Mediators Reveal the Secrets of Their Success

By:  Donald L. Swanson

Prof. Stephen G. Goldberg surveyed 30 experienced and successful mediators: 28 had mediated at “least 100 disputes,” and 2 had mediated “more than 50 but less than 100.” 479 more words

Bankruptcy Mediation

How Mandatory Mediation Succeeds: Seven Illustrations

By: Donald L. Swanson

“Mandatory mediation” is a self-explanatory term.  It means this:

–Disputing parties are required by court order or rule of law to participate in a mediation session. 1,957 more words

Bankruptcy Mediation