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.