Mediation. Parties may participate in mediation pursuant to the provisions

of the Administrative Procedures. Upon conclusion of the mediation: (a) If the parties reach agreement, the parties must designate a party to document the settlement. • The mediator must prepare and file, within 14 days, Local Form CSD 4004, indicating whether a settlement was reached, and if so, whether there was compliance with the settlement and mediation requirements of the Administrative Procedures. 5.1 List of Mediators The court maintains a list of qualified persons who agree to serve as mediators in contested matters and adversary proceedings pending before the court. 5.2 Voluntary Mediation Panel To volunteer for this program, a person should submit an application to the Clerk.

The application must set forth the qualifications described in subsection (a) or (b) and must conform in format to Local Form CSD 4001, APPLICATION TO JOIN VOLUNTARY MEDIATION PANEL. A list of eligible mediators is available on the Court’s website, from the Clerk’s Office, and/or from the Courtroom Deputy. (a) Attorney Qualifications In order to qualify for service on the Voluntary Mediation Panel, an attorney must certify to the court that the attorney meets the following minimum qualifications: • the attorney is an active member of the State Bar of California and is duly licensed to practice before the courts of the State of California and the Federal courts for the Southern District of California; 18 Go to Table of Contents • • the attorney has been admitted to practice in a federal court for at least 4 years; and the attorney has served as the attorney of record for at least 3 bankruptcy cases from commencement through conclusion (i.e., confirmation of a plan or discharge) or has served as the attorney of record for a party in interest for at least 3 or more adversary proceedings or contested matters from commencement through completion (i.e., judgment, order, or stipulated settlement); or has had other substantially equivalent bankruptcy experience. • Non-Attorney Qualifications In order to qualify for service on the Voluntary Mediation Panel, a non-attorney must certify to the court that the following qualifications are met: • the person is a member of the panel of trustees or examiners maintained by the Office of the United States Trustee; or • has served in at least 3 bankruptcy matters as either a bankruptcy examiner or Certified Public Accountant (licensed in the State of California) for a trustee debtor in possession; or has substantially equivalent bankruptcy experience. • Mediator Compensation After completing a half-day mediation session, nothing herein prevents the parties, and the mediator, from agreeing that the mediator be compensated at an agreed upon hourly rate. 5.3 Assignment to Mediation • A case may be assigned to mediation by order of the court at a status conference or other hearing.

If a case is assigned to mediation, the parties attending the status conference must be presented with the current lists of eligible mediators. If the parties cannot agree, the court will appoint a mediator and alternates from the lists. • Local Form CSD 4002, ORDER APPOINTING MEDIATOR AND ASSIGNMENT TO MEDIATION, must be used to assign a matter to mediation. The original will be retained in the court's file. The clerk will mail a copy to the mediator and to each party. • If the parties believe that the matter involves novel issues of law or complex factual issues, the parties may request the sitting judge to appoint another Bankruptcy judge to serve as mediator.

The Court, in its own discretion, will make the determination whether a bankruptcy judge should preside over the mediation. 19 Go to Table of Contents 5.4 Mediation Procedure (a) Time and Place The mediator will fix the time and place for the mediation conference, and any adjourned session. The time and place selected must be reasonably convenient for the parties, and the parties must be given at least 14 days written notice of the initial conference, unless another shorter time frame is agreed to by all parties. The conference must be scheduled as soon as practicable, but in no event more than 45 days after the mediator has been notified of the appointment.

The mediator may, upon written stipulation of the parties, grant one or more continuance(s) of the conference, provided that the continuance granted does not extend the date of the conference to a date more than 75 days after the mediator has been notified of the appointment. • Submission of Mediation Letter or Brief Each party must provide the mediator with a completed mediation letter or brief (unless this requirement is waived by mediator). The mediation letter or brief must describe the nature of the dispute; the evidence supporting that party’s position as well as the evidence in opposition to that party’s position; describe any settlement offers that have been made by either party; and a legal argument in support of that party’s position. The completed mediation letter or a brief must be provided to the mediator and served on all other parties not less than 7 calendar days prior to the date noticed for the mediation conference as set forth in subsection (a) above or within such time as provided by the mediator; however, if a party or parties determine their mediation letter or brief to be confidential, they must designate it as such and at the time they submit it to the Mediator, notify the other party or parties, by email, that it has been submitted confidentially. • Attendance and Preparation Required The attorney who is primarily responsible for each party's case must personally attend the mediation conference and any adjourned sessions of that conference. The attorney for each party must come prepared to discuss the following in detail and in good faith: • all liability issues; • all damage issues; and • the position of their client relative to settlement. • Parties to Be Available All individual parties who reside within the County of San Diego must personally attend the mediation conference unless excused by the mediator for cause.

Parties, other than individuals, whose principal place of business is located in San Diego County, must have a representative appear with authority to settle. Individuals and other parties who neither reside in San Diego County nor have their principal place of business located therein, must be available for conference with their counsel by telephone although that party’s attorney must be in attendance. The mediator must decide when the parties are to be present in the conference room. 20 Go to Table of Contents • Failure to Attend Willful or unexcused failure to attend the mediation conference must be reported to the court by the mediator and may result in the imposition of sanctions by the court. • Proceedings Privileged All proceedings or writings of the mediation conference, including the case questionnaire, mediator's settlement recommendation, plus any statement made by any party, attorney or other participant, must in all respects be privileged and not reported, recorded, placed in evidence, made known to the trial court or jury or construed for any purpose as an admission against interest.

No party will be bound by anything said or done at the conference unless a settlement is reached, in which event the agreement upon a settlement must be reduced to writing and will be binding upon parties to that agreement. Federal Rule of Evidence 408 applies herein. A report of a failure to attend a mediation conference does not fall within this privilege. A written settlement agreement prepared in the course of, or pursuant to the mediation in accordance with Section 5.5 herein is not privileged, made inadmissible, or protected from disclosure. • Duty of Counsel The client must be advised of the fact that the mediator is a qualified person and has volunteered to act as an impartial mediator, without compensation for the first half day, in an attempt to help the parties reach an agreement and avoid the time, expense and uncertainty of trial.

If the mediator makes any oral or written suggestions as to the advisability of a change in any party's position with respect to settlement, the attorney for that party must promptly transmit that suggestion to the client. • Duty of Mediator The mediator will have the duty and authority to establish the time schedule and procedure for mediation activities, including a schedule for the parties to act upon the mediator's recommendation, having in mind that the purpose of this order is prompt dispute resolution. The mediator will have no obligation to make any written comments or recommendations but may have the discretion to provide a written settlement recommendation in memorandum. No copy of any such memorandum will be filed with the clerk or made available in whole or in part, directly or indirectly, either to the court and/or the jury. 5.5 Procedure upon Completion of Mediation Session Upon the conclusion of the mediation session where all parties are in attendance, the following procedures must be followed: • No party will be bound by anything said or done at the conference unless a binding settlement is reached, subject only to Court approval, in which event either: (i) the agreement upon a settlement must be reduced to a writing, signed by the parties, and providing that it is enforceable or binding or words to that effect; or (ii) The terms of the oral agreement are 21 Go to Table of Contents recited on the record by a court reporter or reliable means of audio recording in the presence of the parties and the mediator, and the parties express on the record that they agree to the terms recited.

The party preparing the settlement agreement must submit the agreement, once fully executed by all parties, to the Court for approval. If the parties have not reached a resolution upon the conclusion of the mediation session, the parties shall determine whether to continue the mediation session to a date convenient to all parties and the mediator or (iii) terminate the mediation. Further, if there is no communication between the mediator and any of the parties to the mediation relating to the dispute for 10 calendar days, the mediations shall be deemed terminated. The mediator and the parties may, by written agreement, shorten or extend this time.

An email between counsel to the parties shall be sufficient to shorten or extend time. • The mediator must prepare and file with the Clerk, within 14 days of the termination of the mediation, a Local Form CSD 4004, MEDIATOR'S CERTIFICATE OF COMPLIANCE, indicating whether a settlement was reached, and, if so, whether there was compliance with the settlement and mediation requirements of this rule. Section 6: Definitions CASE MANAGEMENT/ELECTRONIC CASE FILES SYSTEM (CM/ECF or System) is the Internet-based system for filing documents and maintaining Court case files in the United States Bankruptcy Court for the Southern District of California. DOCUMENTS include pleadings, motions, exhibits, declarations, affidavits, memoranda, papers, orders, notices, and any other filing by or with the Court. ELECTRONIC FILING is submitting a document directly from the Registered User's computer in "Portable Document Format" (.pdf), using the System to file that document with the Court.

INITIATING DOCUMENTS include petitions, motions, applications, plans, objections to claim, notices of appeal, reopens, amendments, balance of schedules, and fees. NEF (NOTICE OF ELECTRONIC FILING) is a notice automatically generated by the System at the time a document is filed with the Court. The notice sets forth the date and time of filing, the name of the attorney and/or party filing the document, the type of document, the text of the docket entry, the name of the party and/or attorney receiving the notice, and an electronic link (hyperlink) to the filed document which allows recipients to retrieve the document automatically. The NEF is electronically sent to all registered users in the case, with the exception of limited access filers, Professionals, and Examiners.

22 Go to Table of Contents PACER (Public Access to Court Electronic Records) is an automated system that allows a subscriber to view, print and download Court case file information over the Internet for a fee. PDF (PORTABLE DOCUMENT FORMAT or .pdf) is a proprietary file format developed by Adobe Systems, Inc. A document file created with a word processor, or a paper document which has been scanned, must be converted to Portable Document Format to be electronically filed with the Court. Electronic documents can be converted to .pdf directly from the original software application (e.g., Microsoft Word® or Corel WordPerfect®, petition software). Documents which exist only in paper form must be scanned into .pdf format for electronic filing.

REGISTERED USER is an individual who has been issued a login and password by the Court to electronically file documents. SUBSEQUENT DOCUMENTS include oppositions, Requests and Notices of Hearing (CSD 1175, 1184 or 1186), and replies. These documents must refer to the initiating documents with any supporting document(s) as attachments. TEXT files (.txt) are used for submitting debtors’ information for opening a bankruptcy case.

Text files are also the format used for creating the creditor’s matrix. Case Upload allows attorneys to upload a text file created by commercial bankruptcy petition software to CM/ECF to complete the bankruptcy case opening process without filling out the CM/ECF case opening screens. Text files are also the format used for creating the creditor’s matrix. Visit PACER website for detail and specifications. https://pacer.uscourts.gov/file-case/developer-resources UPLOADED DOCUMENTS such as Orders and Chapter 7 Trustee Final Report and Account (TFR)(TDR), are not to be filed on the case docket until reviewed.

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