ASSIGNMENT TO THE PROGRAM

Rule No: 
9044-1

(a) By the Judge. Participation in the Program is voluntary, except when ordered by the court. A contested matter in a case, adversary proceeding, or other dispute (hereinafter collectively referred to as “Matter” or “Matters”) may be assigned to the Program by order of the judge at a status conference or other hearing. If a Matter is to be assigned to the Program by the judge, the judge will enter an order assigning the Matter to the Program. The parties will normally be given the opportunity to confer and designate a mutually acceptable Mediator as well as an alternate Mediator, and upon agreement, should follow the procedure set forth in subparagraph (b). If the parties cannot agree, or if the judge deems selection by the Program Administrator, or its designee, to be appropriate and necessary, the Program Administrator will select a Mediator. Nothing contained in these Local Rules of Bankruptcy RulesProcedure is intended to preclude other forms of dispute resolution with the consent of the parties and, where required, approval of the court. The court will enter an order on the Program Administrator’s selection of the Mediator.

(b) By Stipulation. Parties to a dispute may stipulate to the submission of a Matter to the Program by filing a Stipulation Appointing Mediator and Assignment to the Program (“Stipulation”). If the parties have already selected a Mediator who has indicated a willingness to serve, they may file the Stipulation and electronically upload an order appointing the proposed Mediator. Upon entry of the Order Appointing Mediator, the party who uploaded the order shall mail a copy of the order to the Mediator. If the parties have not contacted a Mediator in advance, they may file the Stipulation identifying a Mediator and an alternate from the Panel and upload an order appointing both the Mediator and alternate. Upon entry of the Order Appointing Mediator, the party who uploaded the order shall mail a copy of the order to the Mediator and the alternate. Assignment to the Program shall not alter or affect any time limits, deadlines, scheduling matters or orders in any adversary proceeding, contested matter or other proceeding, unless specifically ordered by the court.