MEDIATION AND ARBITRATION

A. Generally Except to the extent required by the Bankruptcy Code or Federal Rules of Bankruptcy Procedure, parties to an adversary proceeding or contested matter need not request court approval before pursuing mediation or arbitration. Parties must promptly file a motion with the court requesting any scheduling changes that the proposed mediation or arbitration may necessitate. B. Assignment of Matters to Mediation On the motion of any party in interest, the court may order the mediation of any dispute, whether it arises in an adversary proceeding, contested matter, or otherwise. 48 C. Mediation Order The order for mediation must address these subjects: • • • • • • the identity of the mediator the subject of the mediation the time and place of the mediation who may attend the mediation and who must attend the costs of the mediation and who will bear them the confidentiality and admissibility of statements made during or in connection with the mediation