I’ve been asked many times for the number of bankruptcy court districts who, (i) HAVE adopted local rules on mediation, and (ii) HAVE-NOT adopted such rules.
–The have-not courts, it seems, are hanging on to the past — for reasons that are unknown . . . and not readily apparent.
Initial research in times past suggested, roughly, a 50/50 split. But such information is out-dated. Subsequent research results in the following list of districts that HAVE and HAVE-NOT adopted local mediation rules.
The list identifies 76 of 94 districts (80.85%) that HAVE adopted some type of local mediation rules (listed as, “Yes”), and it identifies 18 of 94 districts (19.15%) that HAVE NOT adopted any such rules (listed as, “No”).
We are asking everyone who reads this article to review the following list for districts that are familiar to you and let us know of any corrections that need to be made — thanks!
[Note: This article is updated to include information available as of August 30, 2018.]
| 1st Circuit | District of Maine | Yes – Rule 9019-02 |
| District of Massachusetts | Yes – Rule 7016-1 & Appendix 7 | |
| District of New Hampshire | Yes – LBR 7016-1(c) | |
| District of Puerto Rico | Yes — District Court Rule 83.1 applies, per Bkry LR 1001(b) | |
| District of Rhode Island | Yes – Alternative Dispute Resolution Plan (Amended March 1, 2006) | |
| 2nd Circuit | District of Connecticut | Yes – LBR 9019-2 |
| Eastern District of New York | Yes – Rule 9019-1 | |
| Northern District of New York | Yes – Rule 9019-1 & Appendix IV | |
| Southern District of New York | Yes – Rule 9019-1 | |
| Western District of New York | No | |
| District of Vermont | Yes – Rule 16.1 (ENE) | |
| 3rd Circuit | District of Delaware | Yes – Rule 9019 (1-7) |
| District of New Jersey | Yes – LBR 9019-1 & LBR 9019-2 | |
| Eastern District of Pennsylvania | Yes – Rule 9019-3 | |
| Middle District of Pennsylvania | Yes – Rule 9019-02 & Rule 9019-3 (Mortgage Modification Mediation Program) | |
| Western District of Pennsylvania | Yes – Rule 9019 (2-7) | |
| District Court of the Virgin Islands | Yes – Rule 9019-2 | |
| 4th Circuit | District of Maryland | Yes – Rule 9019-2 |
| Eastern District of North Carolina | Yes – Rule 9019-2 | |
| Middle District of North Carolina | Yes – LR 9019-2 (Mediation Settlement Conference) | |
| Western District of North Carolina | Yes – LR 9019-2 (Mediated Settlement Conference) | |
| District of South Carolina | Yes – LR 9019-2 | |
| Eastern District of Virginia | Yes — LR 9019-1 (adopting District Court Rule 83.6) | |
| Western District of Virginia | No | |
| Northern District of West Virginia | No | |
| Southern District of West Virginia | Yes – 9019-2 (a one-sentence Rule) | |
| 5th Circuit | Eastern District of Louisiana | No |
| Middle District of Louisiana | No | |
| Western District of Louisiana | Yes – Voluntary Mediation Program Order | |
| Northern District of Mississippi | Yes – Rule 9019-1 | |
| Southern District of Mississippi | Yes – Rule 9019-1 | |
| Eastern District of Texas | Yes – LR 9019 | |
| Northern District of Texas | Yes – L.B.R. 9012-2(a) (a one-sentence Rule) & Form BTXN 002 | |
| Southern District of Texas | Yes — Adopts District Court LR 16.4 | |
| Western District of Texas | Yes – L. Rule 1001(h) & Appendix L-1001-h | |
| 6th Circuit | Eastern District of Kentucky | No |
| Western District of Kentucky | No | |
| Eastern District of Michigan | Yes – Rule 7016-1(h)(13) & 7016-2 | |
| Western District of Michigan | Yes – LBR 9016-1 | |
| Northern District of Ohio | Yes – Rule 9019-2 (Governed by L.C.R. 16.4 – 16.7) | |
| Southern District of Ohio | Yes – Rule 9019-2 | |
| Eastern District of Tennessee | Yes –Rule 9019-2 | |
| Middle District of Tennessee | Yes – Rule 9019-2 | |
| Western District of Tennessee | Yes — Rule 9019-1 | |
| 7th Circuit | Central District of Illinois | Yes — Adopts District Court Rule 16.4 |
| Northern District of Illinois | Yes — Rule 9060-1 (a two-sentence Rule) | |
| Southern District of Illinois | No | |
| Northern District of Indiana | Yes – B-9019-2 | |
| Southern District of Indiana | Yes – B-9019-2 | |
| Eastern District of Wisconsin | No — But does have MMM | |
| Western District of Wisconsin | No — But does have MMM | |
| 8th Circuit | Eastern District of Arkansas | No |
| Western District of Arkansas | No | |
| Northern District of Iowa | Yes — District Court LR 72B applies | |
| Southern District of Iowa | Yes — District Court LR 72B applies | |
| District of Minnesota | Yes – Rule 9019-2 (a one-sentence Rule) | |
| Eastern District of Missouri | Yes – Rule 9019 | |
| Western District of Missouri | No | |
| District of Nebraska | Yes – Rule 7016-1 & 9014-1(C) | |
| District of North Dakota | Yes — Rule 7016-2 | |
| District of South Dakota | No | |
| 9th Circuit | District of Alaska | Yes — BDRP |
| District of Arizona | Yes – Rule 9072 | |
| Central District of California | Yes – LBR Appendix III | |
| Eastern District of California | Yes — BDRP | |
| Northern District of California | Yes – 9040-1 through 9050-1 (Bankruptcy Dispute resolution Program) | |
| Southern District of California | Yes – 7016-11 | |
| District of Hawaii | Yes – LBR 9019-2 | |
| District of Idaho | Yes — Mediation Program Procedures | |
| District of Montana | Yes – 9019-1 | |
| District of Nevada | Yes – LR 9019 & LR 3015 (Mortgage Modification Mediation) | |
| District of Oregon | Yes – Rule 9019-2 | |
| Eastern District of Washington | Yes – Rule 9019-2 | |
| Western District of Washington | Yes – Rule 9040-1 (Honorable Thomas T. Glover Mediation Program) | |
| District of Guam | Yes — District Court CVLR 16-2 applies | |
| District of the Northern Mariana Islands | No | |
| 10th Circuit | District of Colorado | Yes – LBR 9019-2 |
| District of Kansas | Yes – LBR 9019.2 | |
| District of New Mexico | Yes — Form Mediation Order | |
| Eastern District of Oklahoma | Yes – Rule 9019-2 | |
| Northern District of Oklahoma | Yes – Rule 9019-2 | |
| Western District of Oklahoma | Yes – Rule 7016(f) | |
| District of Utah | Yes – Rule 9019-2 | |
| District of Wyoming | Yes – 9019-2 | |
| 11th Circuit | Middle District of Alabama | No |
| Northern District of Alabama | No | |
| Southern District of Alabama | No | |
| Middle District of Florida | Yes – Rule 9019-2 | |
| Northern District of Florida | Yes – Rule 7016-1 & Addendum B | |
| Southern District of Florida | Yes – Rule 9019-2 | |
| Middle District of Georgia | Yes — Mediation Procedures | |
| Northern District of Georgia | Yes — Mediation Procedures | |
| Southern District of Georgia | Yes — Mediation Procedures | |
| D.C. Circuit | District of Columbia | Yes — District Court LCvR 84.4(e) applies |
MEDIATBANKRY 