November 26, 2013

New Mediation Program will be instituted for contested NJ Bankruptcies:

There will be a new mediation program implementation set to begin April 1, 2014.  This is a court-supervised mediation program to facilitate resolution of contested matters and adversary proceeding for debtors, creditors and parties in interest.

Important Notice to the Bar and Public Concerning General Order Adopting Mediation Program Pending Adoption and Amendment of Local Rules

Thursday, November 21, 2013

UNITED STATES BANKRUPTCY COURT
DISTRICT OF NEW JERSEY

IMPORTANT NOTICE TO THE BAR AND PUBLIC CONCERNING GENERAL ORDER ADOPTING MEDIATON PROGRAM PENDING ADOPTION AND AMENDENT OF LOCAL RULES

Please be advised that pursuant to a General Order Adopting Mediation Program Pending Adoption and Amendment of Local Rules dated November 20, 2013, the Board of Judges of the United States Bankruptcy Court for the District of New Jersey has approved a comprehensive, Court-supervised mediation program to facilitate resolution of contested matters and adversary proceedings for debtors, creditors and parties in interest.

For ease of reference, the following links may be accessed to review the General Order and related local forms,Bankruptcy Professional’s Application for Appointment to the Registry of Mediators and Established Mediator’s Application for Appointment to the Registry of Mediators.

Implementation of the Mediation Program will take place as follows:

•    November 20, 2013 – Adoption of Program by General Order ;
•    December 20, 2013 – Deadline for Applications to the Registry;
•    January 22, 2014 – Completion of Selection of Mediators
•    February 7, 2014 – Training for Experienced Mediators
•    March 13 and 14, 2014 – Training for Bankruptcy Professionals
•    April 1, 2014 – Presumptive Referral of Adversary Proceedings to Mediation pursuant to the General Order and pending adoption of D.N.J. LBR 9019-2(a).

Prior to April 1, 2014, where the parties consent to mediation, they may file Local Forms, Joint Application Requesting Referral of Matter to Mediation and Consent Order for Mediation pursuant to the General Order and pending adoption of D.N.J. LBR 9019-2(a) and as allowed by D.N.J. LBR 9013-1(j).

Where the parties have jointly requested mediation, the parties may select an individual of their choice to serve as the mediator.  The designation of the selected mediator shall be noted in the order pursuant to the General Order and pending adoption of D.N.J. LBR 9019-2(b).

By adopting the Mediation Program, the Board of Judges disbands the former Registry of Mediators and actively solicits applications from bankruptcy professionals and experienced mediators, who meet the qualifications set forth in the General Order and pending adoption of D.N.J. LBR 9019-1(c).

The General Order and related local forms are also available in the Clerk’s Office and on the Court’s website, www.njb.uscourts.gov.