Local Rule Rule 7016-2: Mediation

Rule 7016-2 Mediation

(a) The Mediation Process. Upon its own initiative, the stipulation of the parties or a motion filed under Local Rule 9014-1, the court may order the parties to engage in mediation. If the court orders mediation on its own initiative, a party may within seven days file a motion under Local Rule 9014-1 objecting to mediation.

(1) If mediation is stipulated or ordered, the parties must choose one mediator from the court's panel of mediators. If that mediator is not available or has a conflict that the parties do not waive, the parties must choose another mediator. The parties may request the court's assistance in selecting a mediator if they cannot agree.

(2) When a mediator is chosen, the parties must submit a proposed mediation order for entry, unless the court has already entered a mediation order. If a mediation order has not been entered by the time of the mediation, the mediator must submit a proposed mediation order. A form "Mediation Order" is available on the court's website.

(3) Mediation may be ordered at any time during the case. Mediation must be completed within 14 days after the entry of the mediation order or within such other time as the court has fixed in the mediation order.

(4) Unless otherwise ordered by the court, each of the parties to the mediation process must pay $200.00 to the mediator before or at the commencement of the mediation session. The mediator, with the consent of the parties, may retain professionals to assist the mediator. The expenses of such professionals must be equally paid by all parties to the mediation and may not exceed $2,000.00, unless otherwise ordered by the court.

(5) All proceedings and writings incident to the mediation will be privileged and confidential, and must not be reported or placed in evidence. No party will be bound by mediation unless a settlement is reached. If a settlement is reached, the agreement must be reduced to writing. If necessary, the parties must file a motion for approval of the settlement under F.R.Bankr.P. 9019 within 14 days after the agreement is fully executed.

(6) The mediator will have the duty and authority to establish the mediation process, including the submission of documents, the attendance of parties with authority to settle, the procedure governing the mediation and a schedule for the parties to act upon the mediator's recommendation. The mediator will have no obligation to make any written recommendation, but may provide the attorneys for the parties or unrepresented parties with a written settlement memorandum. Such memorandum will be governed by the first sentence of subpart (a)(5) and must not be filed or made available to the court. The mediator must not be called as a witness.

(7) Within seven days after the conclusion of the mediation, the mediator must file a certification (A) demonstrating that there has been compliance with the mediation requirements of this rule, and (B) stating whether a settlement was achieved, without referring to any substantive matters involved in the mediation.

(b) The Mediation Panel.

(1) The court will appoint mediators to the mediation panel as necessary from time to time. The court may select one or more chairpersons to assist the court with the administration of the mediation panel.

(2) Before serving as a mediator, a professional must have participated in a court-approved training seminar in alternative dispute resolution and must provide to the court a certificate of such training. The clerk will maintain a list of such seminars.

(3) A list of the mediators on the panel is maintained by the clerk and is available on the court's website.

(4) Individuals who wish to serve on the mediation panel must inform the clerk in writing and must provide the clerk with information that the applicant or the court deems pertinent.

(5) The court may meet periodically with the panel of mediators or its chairpersons as necessary to discuss improving the mediation process.