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Mediation

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November 7, 2017
Elizabeth C. Wiggins

This repository of materials was developed as a companion to the manual, Navigating Chapter 9 of the Bankruptcy Code, to provide courts with examples of case documents and other resource materials related to issues likely to arise in Chapter 9 cases.

October 23, 2017

Some judges have used mediation in Chapter 9 cases to help the parties reach a consensus, or at least narrow the issues, regarding the plan of adjustment. This page includes the mediation orders from several cases, as well as documents from a case in which a motion for the appointment of a mediator was denied. It also includes documents pertaining to the authority of judges, including those from outside the district, to serves as mediators.

Mediation is one of several Chapter 9 Online Repository categories.

April 7, 2016
James D. Garbolino, Marcia S. Krieger, Hiram Puig-Lugo

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January 1, 2011
Donna J. Stienstra, Jared J. Bataillon, Jason A. Cantone

This report is based on a study conducted by the Federal Judicial Center for the Judicial Conference Committee on Court Administration and Case Management. The study sought information from district court clerks of court about programs, services, and materials their courts have developed to assist pro se litigants and to assist staff in handling pro se cases. The study also sought information from district court chief judges about the impact of pro se litigants on judges and chambers staff and what measures the judges have taken to meet the demands of these cases.

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January 1, 2006
Robert J. Niemic

This sourcebook is a reference guide on mediation and settlement conference programs in the thirteen federal courts of appeals. The Federal Judicial Center published the first edition of this sourcebook in 1997. The changing structure of these programs, and expressed interest from the courts of appeals, made this update necessary.

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January 1, 1998
Robert J. Niemic

At its March 1997 meeting, the Advisory Committee on Bankruptcy Rules asked the Federal Judicial Center to undertake this survey to inform the committee's preliminary look at whether there is a need for national bankruptcy rules to govern mediation. The purpose of the survey is to determine the extent and severity of problems that the committee, lawyers, and mediators believe may affect mediation conducted after judicial referral.

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January 1, 1997
Robert J. Niemic

[superseded] -- This sourcebook is a reference guide on mediation and conference programs in the federal courts of appeals, programs that may offer a way for courts to deal with increasing filings. The sourcebook responds to requests from the appellate courts for a detailed description of all appellate courts' mediation and conference programs as well as more general information about what happens in the courts of appeals. In addition, it provides a means for attorneys to learn more about these programs.

Downloadable file:
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January 1, 1988
Gordon Bermant, Steven Hartwell

A study of the Southern District of California's bankruptcy mediation program. The authors summarize interviews with twenty-six program participants and analyze the first eighty adversary proceedings to come to mediation. They explain the structure of the program and describe the opinions of judges, mediators, and attorneys as to the program's effectiveness.

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January 1, 1984
Kathy L. Shuart

An examination of a mediation procedure used in the Eastern District of Michigan that was built on an existing mediation program developed by the Third Circuit in Wayne County (Detroit), Michigan. The report describes the procedure in both the federal district court and the state trial court. Copies of the court 's relevant local rules and selected forms are included.

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January 1, 1984
Karl Tegland

A description of an innovation applied in the Western District of Washington for mediation of selected civil cases. Under the procedure described in this publication, judges referred cases to attorneys who serve as mediators without compensation, in an attempt to induce settlements.

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