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Rule 9072-6

Application and Certification of Mediators

(a) Application and Qualification Requirements.  Each attorney or panel trustee applying for approval to the Panel must submit to the ADR Program Administrator the Application Form which can be obtained from the court’s website.  Except as otherwise determined by the court, to be approved as a mediator in the ADR Program, each applicant must meet the following criteria:

(1)  if the applicant is an attorney, be a member in good standing of the bar of any state or the District of Columbia, with at least five years of practice; or

(2)  if the applicant is an attorney, be a member in good standing of the bar of the Federal District Court of Arizona, with at least five years of practice; or

(3)  if the applicant is a panel trustee, be an active panel trustee in good standing with the office of the United States Trustee with at least five years of service as a panel trustee, or if retired, have been a panel trustee in good standing with the; office of the United States Trustee with at least five years of service as a panel trustee;

(4)  not have been suspended, or have had a professional license or bond revoked, or have pending any proceeding to suspend or revoke such license or bond;

(5)  not have resigned from a professional organization or panel while an investigation was pending into allegations of misconduct which would warrant suspension, disbarment or professional license or bond revocation;

(6)  not have been conflicted of a felony;

(7)  have completed appropriate mediation training, or have sufficient experience, in the mediation process;
(8)  be determined by the court to be competent to perform the duties of a mediator; and

(9)  be willing to serve as mediator in at least one matter during each quarter of each year, subject only to unavailability due to conflicts, personal or professional commitments, or other matters which would make such service inappropriate.

(b) Term.  Mediators shall serve as members of the Panel for a term of three (3) years unless the mediator is advised otherwise by the court or submits a written request to withdraw from the Panel to the ADR Program Administrator.  Reappointment will occur at the court's discretion, and an application for reappointment shall not be required.  A mediator assigned to act as a mediator in a matter before expiration of his or her term shall continue said service until the mediation is concluded regardless of term expiration.

(c) Court Certification.  The court, in its sole discretion, shall grant or deny an application submitted pursuant to Local Rule 9072-6.  If the court grants the application, the applicant's name shall be added to the Panel, subject to removal pursuant to Local Rule 9072-6(f).

(d) Reaffirmation of Qualifications.  Each applicant approved for designation to the Panel shall reaffirm annually the continued existence and accuracy of the qualifications, statements, and representations made in the application.  Failure to comply with this section shall be grounds for removal under Local Rule 9072-6(f).

(e) Mediator's Oath.  Before serving as a mediator, each person designated to the Panel as a mediator shall take the following oath or affirmation:

"I, ______, do solemnly swear (or affirm) that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a Mediator in the ADR Program of the United States Bankruptcy Court for the District of Arizona with equal respect to all persons regardless of race, religion, gender, ethnicity, or economic status .  So help me God."

(f) Removal from Panel.  A person shall be removed from the Panel either at the person's request or by court order.  If removed by court order, the person shall not be returned to the Panel absent a court order obtained on motion to the ADR Program Administrator, supported by an affidavit sufficiently explaining the circumstances of such removal and the reasons justifying the return of the person to the panel.

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