Rules Governing Mediation
By its terms, Local Rule 9060 governs only those mediations in which the parties have either been able to agree on a mediator or in which the Clerk selects a mediator from the list of mediators referenced in Local Rule 9060-5. It does not prohibit, nor does it govern, other alternative dispute resolution procedures agreed upon by the parties. Nor does Local Rule 9060 govern those mediations in which a sitting bankruptcy judge conducts the mediation; in those situations, the mediating judge will set the mediation rules for the parties.
Selection of Mediator
It is expected that, in most cases, the parties will select and compensate a private mediator, either by agreement or from the list referenced in Local Rule 9060-5. The parties may select any competent neutral adult to serve as their agreed mediator, and are not limited to lawyers, to the list of mediators referenced in Local Rule 9060-5 or to lists maintained by mediation services such as JAMS. In extraordinary circumstances where the parties believe that mediation by a sitting bankruptcy judge would be significantly more beneficial than mediation by a private mediator, the parties may ask the presiding judge to arrange for such mediation. If the presiding judge agrees that mediation by a sitting bankruptcy judge would be desirable the presiding judge will ask whether any of the other sitting bankruptcy judges would be willing to serve as mediator. However, even if the presiding judge agrees that judicial mediation would be preferable to private mediation, the court cannot guarantee that a mediating judge will be available to serve in response to the request.
List of Mediators
The following individuals have indicated their willingness and qualifications to serve as mediators under Local Rule 9060 by posting and updating their certifications with the clerk’s office every three years and by agreeing to undertake at least one pro bono mediation every year. While the Court appreciates their agreement to serve, these individuals are self-certified. By listing them here, the court has not certified them or their qualifications to serve as mediators.
Pursuant to Local Rule 9060-5: