A stylistic change has been made to paragraph (B) of the LBR.

[Change effective 12/01/09.] RULE 9019-1 SETTLEMENT AND ALTERNATIVE DISPUTE RESOLUTION (A) Authorization: The Court encourages the parties to meet and consult with each other to achieve settlement. Pursuant to 28 U.S.C. §§§ 651, 652, and 653, as amended by the 111 Alternative Dispute Resolution Act of 1998, the use of mediation as an alternative dispute resolution process in all adversary proceedings, contested and other matters, is authorized. RULE 9019-1 SETTLEMENT AND ALTERNATIVE DISPUTE RESOLUTION (B) Obtaining Mediation (1) Upon joint motion, parties may request, but are not entitled to, mediation. (2) Any party may request mediation on motion served on all other parties.

The motion must state the basis for the request for mediation and that a good faith effort was made to seek mediation by consent without success. Parties will have 14 days from the date of service to object to the motion. The court will make a determination on the motion upon notice and hearing. (3) The Court may also order mediation sua sponte.

(C) Order to Mediate (1) In any adversary proceeding, contested or other matter, mediation may only be commenced upon the entry of an order to mediate by the presiding judge. (2) An order to mediate shall, at minimum, set forth the following: (a) the individual appointed to act as mediator; (b) if the parties selected a non-judicial mediator or neutral, the proposed compensation that will be subject to court approval; (c) unless otherwise ordered by the Court, that mediation processes and procedures and the duties of the parties shall be determined by the court- appointed mediator; and (d) that the parties or the mediator provide a report to the court of the results of the mediation immediately upon the conclusion of the mediation. (D) Judicial Mediators (1) Bankruptcy judges resident in the Eastern District of Virginia are authorized to act as mediators or neutrals. (2) The decision regarding appointment of a judicial mediator resides exclu- sively with the presiding judge, and such appointment is effective only upon entry of the order to mediate.

(E) Non-Judicial Mediators or Neutrals (1) The parties by consent may request the appointment of a non-judicial medi- ator or neutral. (2) Appointment of a non-judicial mediator is subject to approval by the pre- siding judge, and such appointment is effective only upon entry of the order to mediate. 112 RULE 9019-1 SETTLEMENT AND ALTERNATIVE DISPUTE RESOLUTION (F) Communications with Mediators Prior to Entry of Order to Mediate (1) Judicial Mediators: Prior to entry of the order to mediate, parties to the mediation shall not communicate with a judicial mediator about any matters pertaining to mediation. (2) Non-Judicial Mediators: Prior to entry of the order to mediate, parties to the mediation may communicate with non-judicial mediators only for the pur- pose of selection and proposed terms of engagement and compensation of a non-judicial mediator for appointment by the Court.

(G) Required Settlement Authority: A judicial mediator to whom a case has been referred may require that counsel and/or a party representative with full settlement authority attend the mediation at any time the judicial mediator considers appropriate. (H) Compensation of Non-Judicial Mediators or Neutrals: No mediator or neutral may be compensated by contingent fee. Any compensation of a non-judicial mediator or neutral from the estate shall be subject to Court approval after notice and a hearing or as the Court otherwise orders. (I) Effect of Mediation on Proceedings: Unless otherwise ordered by the Court, the ap- pointment of a mediator or neutral shall not operate to postpone or stay the scheduling of any case or controversy nor shall such appointment be grounds for the continuance of a previ- ously scheduled trial date or the extension of any deadlines previously scheduled by the Court.

(J) Disclosure of Mediation Communications and Writings: The substance of communica- tions and writings in the mediation process shall not be disclosed to any person other than par- ticipants in the mediation process; provided, however, that nothing herein shall modify the application of Federal Rule of Evidence 408 nor shall use in the mediation process of an oth- erwise admissible document, object, or statement preclude its use at trial. Furthermore, unless otherwise agreed to by the party, communications and writings between a party and the medi- ator shall be considered privileged and confidential and shall not be subject to discovery. No party shall be deemed to have waived the attorney-client or work-product privileges by com- municating privileged information to the mediator. (K) Appointment of ADR Administrator: The chief bankruptcy judge may appoint an ADR Administrator for the district.

Duties of the Administrator, if appointed, shall include the fol- lowing: implementing, administering, overseeing and evaluating the Court’s ADR program. (L) Other Governing Law: Nothing contained in this rule shall in any manner negate or be in abrogation of any other source of authority for conducting mediation, whether by statute, rule, or otherwise. Comments LBR 9019-1 cross references Rule 83.6 of the Local Rules of Practice of the United States District Court for the Eastern District of Virginia, which makes that rule applicable to adversary proceedings in case be- fore the Court. [New rule effective 3/1/01.] 113 RULE 9022-1 COURT ORDERS 9019-(1) This rule is substantively rewritten to provide additional di- rection to the parties and to make explicit its applicability to contested and other matters in addition to adversary proceedings. [New paragraph effective 08/01/17.] 9019-1(J) Paragraph (J) is new and ensures that communications be- tween the mediator and parties remain confidential and privileged. [New paragraph (J) effective 2/15/22.] RULE 9022-1 COURT ORDERS (A) Identification of Attorney Filing Proposed Order: On the first page of each proposed order filed with the Court, the attorney filing the same shall be identified by name, State Bar number, complete mailing address, telephone number and the name of the party whom the attorney rep- resents. (B) Service List: With each proposed order: (1) when submitted, as provided for by an electronic means established by the Court, the order proponent shall file a list of parties, with mailing addresses indicated, who are to receive notice of entry of the same and shall comply with all other requirements set forth therein; or (2) except as the presiding judge in a case otherwise may direct, when submitted by conventional means, the order proponent shall file a list of parties, with mailing addresses indicated, who are to receive notice of entry of the same.

(C) Certification: With all proposed orders, the proponent shall file either: (1) Certification of Endorsement by All Parties: A certification that the proposed order or proposed consent order has been signed by all necessary parties or (2) Proof of Service: A certification that the proposed order has been served upon all necessary parties and indicating upon whom served and the date and manner of such ser- vice. (D) Signature: For all proposed orders, the proponent must obtain from any other party to the order either (1) express documented permission to affix such party’s signature to the proposed order or (2) such party’s signature on the proposed order in a form listed in LBR 5005-1(F)(2). (E) Form and Content: Any proposed order shall be sufficient in description to stand alone without reference to any motion, pleading or other document (except for exhibits attached to the order itself). Orders authorizing the sale of real estate or otherwise affecting title to real estate (e.g., abandonments, avoidance of transfers, avoidance or imposition of liens, or adjudication of lien property) shall contain a legal description sufficient to pass title.

Orders for sale of property of the estate or any interest therein shall state the identity of the purchaser and the price to be paid unless sale is to be at public auction, in which event the order shall state the date, time and place of the auction. 114 RULE 9022-1 COURT ORDERS (F) Consent Orders: All proposed consent orders shall meet the requirements in paragraphs (A), (B), (C) and (D) of this Local Bankruptcy Rule. (G) Order After Trial, Hearing or Other Disposition of the Matter: Unless the Court specifies otherwise, the prevailing party shall, in addition to the requirements in paragraphs (A), (B), (C) and (D) of this Local Bankruptcy Rule, prepare a proposed order and file the same with the Court within 14 days after the conclusion of the trial, hearing, or other disposition of the matter at issue. If no order is filed within the required period, the Clerk may issue a Notice of Failure to Prosecute.

If an order is still not filed in response to that notice, the Clerk may dismiss the original pleading or other paper without further notice. Comments 9022-1(C)(1) & 9022-1(E) Minor changes have been made to include new language concerning consent orders. 9022-1(F) This language is added to clearly state the interest in seeing that supposedly resolved items are properly closed out. Parties need to submit a stamped envelope for panel trustees. [Changes effective 1/1/97] 9022-1(D) Since the need for an order affecting title to real estate to contain a proper legal description is not limited to orders approving sale of real estate or any interest therein, the requirement has been placed at LBR 9022-1.

A cross-reference has been added to LBR 6004-1 as well to remind the practitioner of the requirement that orders approving the sale of real estate or any interest therein, like all orders, must stand alone without reference to external documents, e.g., the order should not purport to approve the sale of the real estate or any interest therein “in accordance with the terms of the contract attached to the motion” but should state the essential terms of the sale, e.g., “to John and Joanna Doe for the price of $173,000.” [Changes effective 3/1/01.] 9022-1(B) These technical changes are necessary to conform this subdi- vision of the LBR to the process of filing proposed orders as provided for by an electronic means established by the Court. [Change effective 7/1/02.] 9002.1 Subparagraphs (B)(2)(a) and (b) are repealed in light of Local Bankruptcy Rule 5005-2, which mandates electronic case filings in the Court’s Case Management/Electronic Case Files (CM/ECF) Sys- tem and authorizes the Clerk to promulgate and revise the Court’s Electronic Case Files (CM/ECF) Policy. The caption to paragraph (B) is amended for this reason as well. In addition, a time-computation adjustment has been made at paragraph to conform to a revision to the Federal Rules of Bankruptcy Procedure that takes effect December 1, 2009. Stylistic changes have been made to the text of the LBR as well. [Repeal and changes effective 12/01/09.]