Local Rule LBR 9019-2: ADR Favored

LBR 9019-2: ADR Favored

(a) Purpose. The Court recognizes that formal litigation of disputes in bankruptcy cases, contested matters and adversary proceedings frequently imposes significant economic burdens on parties and often delays resolution of those disputes. The procedures established by these Local Rules are intended primarily to provide litigants with the means to resolve their disputes more quickly, at less cost, and often without the stress and pressure of litigation.

A court-authorized dispute resolution program, in which litigants and counsel meet with one or more neutral third parties, offers an opportunity for parties to resolve disputes promptly and less expensively, to their mutual satisfaction. By these Local Rules, the Program is adopted for the United States Bankruptcy Court for the Western District of Michigan. It is the Court's intention for the Program to allow participants to take advantage of and utilize mediation, negotiation and case evaluation to resolve disputes. The specific method or methods employed will be those which the Court or the parties determine appropriate and applicable, and may vary from matter to matter.

(b) Scope. LBR 9019-1 through LBR 9019-23 apply to all matters referred to the Program. The Mediation Rules at LBR 9019-12 through LBR 9019-20 apply only to mediation. The Case Evaluation Rules at LBR 9019-21 through LBR 9019-23 apply only to case evaluation. All other Local Rules apply, except to the extent inconsistent with LBR 9019-1 through LBR 9019-23.