Ryther L. Barbin, Esq.
Louis L.C. Chang, Esq.
Robert E. Chapman, Esq.
Chuck C. Choi, Esq.
Harrison P. Chung, Esq.
Charles W. Crumpton, Esq.
James N. Duca, Esq.
Don Jeffrey Gelber, Esq.
Owen H. Hellekson, Jr., Esq.
Simon Klevansky, Esq.
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Ronald K. Kotoshirodo, Esq.
Colin K. Kurata, Esq.
Remy Luria, Esq.
Alan J. Ma, Esq.
Michael F. Nauyokas, Esq.
William J. Plum, Esq.
Bradley Tamm, Esq.
Susan Tius, Esq.
James A. Wagner, Esq.
Thomas J. Wong, Esq.
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LBR 9019-2. ALTERNATIVE DISPUTE RESOLUTION
(a) Purpose and Scope. To facilitate the voluntary
resolution of adversary proceedings and contested matters, the Bankruptcy
Court is authorized
to establish guidelines for court-sponsored Bankruptcy Alternative Dispute
Resolution (“BDR”) procedures. This rule does not preclude
parties from participating in the alternative dispute resolution (“ADR”)
procedures implemented under LR 16.11 or in any other ADR process.
(b) Program Administration.
(1) Bankruptcy Mediation Committee. The court may establish a Bankruptcy
Mediation Committee to formulate guidelines for BDR procedures and the
selection, training and evaluation of individuals to serve on a Mediator
Panel.
(2) BDR Administrator. The court may appoint a BDR Administrator to
administer the BDR program and to serve as liaison between the court
and the Bankruptcy Mediation Committee.
(3) Bankruptcy Mediator Panel. The BDR Administrator shall publish and
maintain a list of qualified individuals approved by the court to serve
as members of a Bankruptcy Mediator Panel. Individuals selected to serve
on the panel may be required to provide a minimum amount of service without
compensation.
(c) Confidentiality.
(1) Except as otherwise provided by this rule or applicable law, any
and all communications made in connection with any mediation under this
rule shall be subject to Rule 408 of the Federal Rules of Evidence.
(2) Mediators and parties shall not communicate with the court about
the substance of any position, offer or other matter in the mediation
without the consent of all parties, unless such disclosure is required
to enforce a settlement agreement or to provide evidence in an attorney
disciplinary proceeding, but only to the extent required to accomplish
that purpose.
(d) Immunity of Mediators. All persons serving as mediators under this
rule shall be deemed to be performing quasi-judicial functions and shall
be entitled to all of the privileges, immunities and protections that
the applicable law accords to persons serving in such capacity.
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