Local Rule LBR 9019-7: Qualifications and Criteria for Panel of Qualified Neutrals

LBR 9019-7: Qualifications and Criteria for Panel of Qualified Neutrals

(a) In order to qualify for service on the Court's Panel of Qualified Neutrals, each applicant shall certify to the Court that the applicant:

(1) is willing to serve as a Neutral and to undertake to evaluate or mediate settlement of matters subject only to unavailability due to conflicts, personal or professional commitments, or other matters which would make such service inappropriate;

(2) is, and has been, a member in good standing of the bar of the United States District Court for the Western District of Michigan, and has regularly practiced in Bankruptcy Court for at least 10 years;

(3) has served as the principal attorney of record in active matters in at least 10 bankruptcy cases (without regard to the party represented) from case commencement to the earlier of the date of the application or conclusion of the case, or has served as the principal attorney of record for a party in interest in at least 10 adversary proceedings or contested matters from commencement through conclusion;

(4) shall be governed by any standards of professional conduct and ethical rules adopted by the Michigan Supreme Court for state-court mediators, currently set forth at MCR 4.211(G), as those standards and rules may be amended.

(b) Before serving on any assigned matters, mediators on the Court's Panel shall have:

(1) completed a 40-hour mediation training program approved by the Court;

(2) observed at least two mediations to completion conducted by an approved mediator; and

(3) conducted at least one mediation to conclusion under the supervision and observation of an approved mediator.

(c) The Court will appoint members to the Panel of Qualified Neutrals from the applications submitted, giving due regard to alternative dispute resolution training and experience and such matters as professional experience and location so as to make the Panel appropriately representative of the public being served by the Program. Appointments will be limited to keep the Panel at an appropriate size and to ensure that the panel is comprised of individuals who have broad-based experience, superior skills and qualifications.

(d) The Neutrals on the Panel will indicate to the ADR Administrator the city or cities within the District in which they are willing to act or serve.