Inquiry by Mediator; Disclosure

U.S. Bankruptcy Court for the Northern District of New York

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the Northern District of New York

Rule: 5.3.1

Jurisdiction: NDNYB

Bluebook Citation: Bankr. N.D.N.Y. R. 5.3.1

All Rules: Bankr. N.D.N.Y. Local Bankruptcy Rules, complete index


Text

Promptly after receiving notice of appointment, the mediator shall make inquiry sufficient to determine whether there is a basis for disqualification under subsection 5.3.1 of this rule. The inquiry shall include, but shall not be limited to, a search for conflicts of interest in the manner prescribed by the applicable rules of professional conduct for attorney mediators, and by the applicable rules pertaining to the mediator’s profession for non-attorney mediators. Within seven calendar days after receiving notice of appointment, the mediator shall file with the court and serve on the parties to the mediation either (a) a statement that 13 there is no basis for disqualification under subsection 5.3.1 and that the mediator has no actual or potential conflict of interest or (b) a notice of withdrawal.

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