Local Rule LBR 9019-9: Assignment of Disputes to the Program

LBR 9019-9: Assignment of Disputes to the Program

(a) A contested matter in a bankruptcy case, adversary proceeding, or other dispute may be referred to the Program by order of the Judge at any time. While participation in the Program is intended to be voluntary, any Judge, on the request of a party or sua sponte, may refer specific matters to mediation under the Program. If all parties consent, the Court will refer a matter to case evaluation.

(b) If a party objects to referral to the Program, the party may file an objection within 14 days of the order of referral. For good cause shown, the matter may be removed from the Program with or without a hearing. Such cause may include certification of a party's inability to pay for ADR, incarceration or other matter making ADR inappropriate.

(c) When a matter is assigned to the Program, the parties will be presented with the order assigning the matter to the Program and a current roster of the Panel or directed to the location of the roster in electronic format.

(d) Within 14 days after the issuance of a case management order or other order referring a matter to the Program, the parties shall mutually agree upon the selection of one Mediator (or, in the cases referred to Blue Ribbon Case Evaluation only, three Blue Ribbon case evaluators).

(e) The Neutral(s) may be selected from the Court's list of approved Neutrals or, by mutual agreement, any person or entity, including a Michigan community dispute resolution program. The plaintiff in an adversary proceeding or movant in a contested matter shall file a Notice of Selection of Neutral(s) with the Court and provide a copy to the selected Neutral(s). See Exhibit 15.

(f) Whenever the parties cannot agree or fail to file a Notice of Selection of Neutral(s), the ADR Administrator's staff assistant shall randomly select a mediator or three case evaluators from the Court's Panel of Qualified Neutrals and notify the parties and Neutral(s) of their selection.

(g) An order assigning a matter to the Program shall be docketed and served on the assigned Neutral and by first class mail to any interested parties to the dispute who do not have ECF capabilities.

(h) Subject to availability and by prior arrangement with the Clerk of the Court, mediators and case evaluators may use court facilities to conduct mediations and case evaluations.